Probst v. State

HOLLAND, Justice:

The appellant, Ruth Ann Probst (“Probst”), was convicted in the Superior Court by a jury of Second Degree Assault and Possession of a Deadly Weapon Dur*116ing the Commission of a Felony. On appeal, Probst contends that the trial court erred in instructing the jury. We find that the order of the jury instructions and the inaccurate use of gender had such potential for juror confusion that the reversal of Probst’s convictions is required. We also find that the potential for confusion was compounded by the failure to instruct the jury that it must unanimously agree on a single…