People v. Hairston

Defendant was convicted by a jury on an indictment charging murder, and was sentenced to the penitentiary. He argues here (1) that the evidence fails to show him guilty of murder beyond a reasonable doubt, and (2) that the circuit court erred in giving instructions as to the lesser included offense of involuntary manslaughter by failing to define the essential element of “recklessness.” It is claimed that this latter omission was substantially compounded in closing arguments by the prosecutor’s misleading statements as to the meaning of the word.

About 10 p.m. on June 30, 1974, defendant was…