This section contains the nature of the case and procedural background.

Hardie (D) took a gun that he believed to be harmless and shot Mrs. Sutton. D believed it was harmless because it failed to fire on several other occasions over several months. D did not know that a round of ammunition was in the chamber. The jury was instructed that if D used a deadly weapon in a reckless manner, that act was sufficient to convict D of manslaughter. This would be true even if D believed in good faith that the deadly weapon was harmless. D was convicted of manslaughter. D appealed; if he had reason to believe, and did believe, the gun to be harmless, he should be acquitted.

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