State v. Azure

¶1 Following a four-day jury trial in January 2004, Donald Azure (Azure) was convicted by unanimous verdict of felony deliberate homicide and felony criminal endangerment. He appeals on the grounds that the jury was impaneled improperly and that the District Court gave an erroneous jury instruction for the charge of criminal endangerment. We affirm.

ISSUES

¶2 A restatement of the issues on appeal is:

¶3 Was Azure’s jury venire improperly impaneled?

¶4 Did the District Court correctly instruct the jury on the elements of criminal endangerment?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 Azure was charged…