State v. Balisok

The defendant appeals his conviction of attempted murder in the first degree. He argues that the information insufficiently alleged the charge, the prosecutor committed misconduct during cross examination and argument, and that the jury committed prejudicial misconduct. We reverse, holding that the jury's reenactments of the alleged criminal act constituted prejudicial misconduct requiring a new trial.

Facts

Procedural History

The defendant was originally charged as "Ricky A. Wetta", with the

*279crime of attempted murder in the first degree, committed as follows:

That the defendant Ricky A. Wetta, in…