Jenkins v. State

HERRMANN, Justice:

The defendant, Keith A. Jenkins, appeals his conviction of second degree murder on various grounds.

I

The defendant, Kevin Hall, and David Pritchett were engaged in target practice with a .22 calibre rifle in a vacant field. Their targets were poles adjacent to the Penn Central Railroad tracks. As the trio was leaving the field, a locomotive moved slowly down the tracks. According to the conflicting testimony, either the defendant or Kevin Hall fired into the cab of the locomotive. The bullet struck the conductor in the eye; he died as the result.

Immediately after the…