VAN DEREN, C.J.
¶ 1 Joshua Hayward appeals his conviction for second degree assault. He argues that the jury instruction defining recklessness created a mandatory presumption and relieved the State of its burden to prove recklessness. He further argues that a State's witness improperly testified on a legal element in violation of Hayward's constitutional right to a jury trial. We agree that the jury instruction defining recklessness deprived Hayward of his due...
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