STATE v. WHITTLE

No. CR-86-0078-PR.

156 Ariz. 405 (1988)

752 P.2d 494

STATE of Arizona, Appellant/Cross-Appellee, v. Wesley Neal WHITTLE, Appellee/Cross-Appellant.

Supreme Court of Arizona, En Banc.

February 23, 1988.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Kenneth J. Peasley, Pima County Deputy Atty., Tucson, for appellant/cross-appellee.

Stanton Bloom, Jeffrey D. Bartolino, Tucson, for appellee/cross-appellant.


HOLOHAN, Justice.

Defendant Wesley Neal Whittle was tried on one count of first degree murder. After a trial by jury, he was convicted of the lesser included offense of second degree murder, dangerous nature. A.R.S. §§ 13-1104, -604. After defendant's conviction, the trial court granted the defendant's motion for a new trial because the jury should not have been given an instruction on reckless second degree murder. The state appealed, and the Court of Appeals...

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