State v. Shumway

CAMERON, Justice.

The defendant’s conviction of negligent homicide, A.R.S. § 13-1102(A), was reversed by the Court of Appeals, State v. Shumway, 137 Ariz. 600, 672 P.2d 944 (1983), and we granted the state’s petition for review. We have jurisdiction under Ariz. Const, art. 6, § 5(3) and A.R.S. § 12-120.24.

We must consider two issues on appeal:

1. Did the trial court's communication with the jury, outside the presence of the defendant and his counsel, constitute reversible error?

*5872. Did the trial court err in refusing to give the defendant’s requested instruction dealing with the decedent’s duty…