Tunstall v. State

HUNTER, Justice.

The defendant, Michael Tunstall, was convicted by a jury of attempted murder, a Class A felony, Ind.Code §§ 35-42-1-1, 35-41-5-1 (Burns 1979 Repl.) two counts of battery, a Class C felony, Ind.Code § 85-42-2-1 (Burns 1979 Repl.) and possession of a sawed-off shotgun, a Class D felony, Ind. Code § 35-23-9.1-2 (Burns 1982 Supp.). He was sentenced to concurrent terms of thirty-five, five, five and two years, and he raises the following two issues in his direct appeal.

1. Whether the trial court erred in failing to instruct the jury on the offense of criminal recklessness; and

2.…