Howard v. State

GARRARD, Judge.

Jack Howard was charged with the murder of his wife “by slamming her head on or against a table with his hand.” He was tried by jury. At the conclusion of the trial the court instructed the jury concerning a number of lesser included offenses, including criminal recklessness. These instructions were given without objection. The jury found Howard guilty of criminal recklessness and he was sentenced accordingly.

On appeal he asserts that Humes v. State (1981), Ind., 426 N.E.2d 379, which was decided six days after the verdict in his case, held that criminal recklessness is not a…