State v. McCreary

DOWD, Chief Judge.

Defendant was charged with three counts of assault with intent to kill with malice aforethought. The three charges against the defendant were based on his alleged participation in two gun battles with police in which Police Officers Boaz, Tin-nell and Archambault were shot at. The jury found him guilty on all three counts and he was sentenced to twenty (20) years imprisonment on each count, said terms to run concurrently. Defendant appealed.

Defendant first contends that the evidence was insufficient to authorize a finding of guilty because it failed to prove that defendant…