People v. Rochowiak

The question is whether Rochowiak, who was tried for second-degree murder,1 was entitled to a jury instruction on the lesser offense of careless, reckless, or negligent use of a firearm resulting in injury or death (reckless use),2 and, if the instruction was erroneously refused, whether that error was harmless because the jurors chose to convict him of second-degree murder although they were given the option of acquitting on that charge and convicting of involuntary manslaughter.

We hold i) the evidence would have supported a verdict of guilty of reckless use, and it was therefore error under…