Dec 24, 2012 2:38 PM by Associated Press
SIERRA VISTA, Ariz. (AP) - An April 22 retrial has been set for a man who is accused of fatally shooting his wife in the community of Mescal during April 2009.
The Sierra Vista Herald reports that a jury had convicted 46-year-old Alger Frederick Hellard at a January 2011 trial of manslaughter in the death of 35-year-old Tammy Hellard.
But the Arizona Court of Appeals reversed his conviction.
The appeals court determined that a lower court should have given a certain instruction to the jury on the justification for use of force in crime prevention.
Hellard claimed he shot his wife accidentally while they were arguing.
Prosecutors contend he is still criminally responsible for his actions and noted he introduced the loaded gun into the situation.