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STATE v. WHITTLE

No. 2 CA-CR 3729.

156 Ariz. 400 (1985)

752 P.2d 489

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

Court of Appeals of Arizona, Division 2, Department B.

November 13, 1985.

Attorney(s) appearing for the Case

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

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

OPINION

HATHAWAY, Presiding Judge.

Defendant was tried on one count of first-degree murder and the jury returned its verdict finding him guilty of second-degree murder, dangerous nature. The state alleged that the murder charge, "or any offense included therein" was of a dangerous nature. A defense motion for new trial, alleging that the trial court improperly instructed the jury on reckless second-degree murder as a lesser-included offense, was granted. The...

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