¶1concurring in result.
¶2I concur in the result reached by the majority. I would decide this case, however, by simply applying the precedent of Hash v. State (1972), 258 Ind. 692, 284 N.E.2d 770.
¶3As the majority pointed out in footnote 3, under the circumstances of this case, Hashis applicable. The evidence is undisputed that Mahone caused the gunshot wounds which Moffett suffered.
¶4Justice Prentice said in Hash, “It is error to give an instruction upon an issue if there is no evidence to support it.” Hash, supra, at 698, 284 N.E.2d 770. Since the evidence of injury was undisputed, the instruction on recklessness should have been rejected.