“The reckless actor is aware of the risk and disregards it.”
How later courts described this case
- “The reckless actor is aware of the risk and disregards it.”
Written by the judges who cited it.
The opinion
PATTERSON, Judge,
dissenting.
I respectfully dissent in this case because I believe that the State proved only that the appellant acted with criminal negligence rather than with recklessness and that he should have been convicted, if at all, of criminally negligent homicide rather than manslaughter. In my opinion, the evidence is insufficient to support a conviction for manslaughter. Therefore, I must dissent.