State v. Sundstrom

SMITH, Justice.

The information charges appellant with second degree murder. The jury returned its verdict of involuntary manslaughter, followed by entry of the judgment of conviction.

*74■ The trial court instructed the jury by Instruction No. 4, as follows:

“I instruct you that any fact which becomes material in a criminal prosecution may, as a rule, be established by circumstantial as well as direct evi- ■ dence. Circumstantial evidence is often the only means of establishing the • ultimate fact of guilt; and such evi- •' dence alone will support a conviction if it produces a belief beyond a…