Earwood v. State

DOYLE, Presiding Judge.

Jeremy Earwood was convicted of cruelty to children in the first degree1 and aggravated battery.2 Thereafter, he filed a motion for new trial, which the court granted as to the cruelty to children count, finding that its failure to give a requested jury instruction that reckless conduct was a lesser included offense of first degree cruelty to children was error, but denied the motion as to the aggravated battery count. Earwood now appeals as to his conviction for aggravated battery, alleging that the trial court’s failure to give the jury an instruction for reckless…