State v. Day

ELLETT, Chief Justice:

The driver of defendant’s truck in which defendant was riding almost collided with a truck driven by the deceased. An argument resulted between the two drivers, and defendant struck the deceased on the head with a heavy wooden stick, shattering his skull and causing his death.

The defendant was charged with, and convicted by a jury of, the crime of murder in the second degree. He appeals to this Court and claims errors as follows:

(A) The court did not define the phrase “evidencing a depraved mind indifferent to human life.”

(B) The court told the jury if they found the…