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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