State v. Russell
Annotate this CaseAfter a jury trial, Defendant was convicted of criminal endangerment. Defendant appealed, arguing that the district court erred in refusing to instruct the jury on negligent endangerment as a lesser included offense of criminal endangerment and that she was entitled to a new trial on that basis. The Supreme Court affirmed, holding that the evidence demonstrates that Defendant acted knowingly in engaging in conduct that created a substantial risk of death or serious bodily injury to another, and therefore, the district court did not abuse its discretion in concluding that the evidence was insufficient to support an instruction on negligent endangerment as a lesser included offense of criminal endangerment.
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