State v. Neal

OPINION

HOWARD, Chief Judge.

Appellant was indicted for assaulting Frank Samuelson, Marion Parker and Gerald Spence with a deadly weapon — a shotgun. After a jury trial he was found not guilty of assault with a deadly weapon but guilty of the lesser included offense of exhibiting a deadly weapon other than in self-defense.

On appeal he contends the court erred (1) in the forms of verdict submitted to the jury, (2) by restricting defense counsel’s re-cross-examination, (3) in the giving of certain instructions and (4) by improperly commenting upon the evidence.

The facts taken in the light most…