State v. Tate

The controlling issue is presented by the following accurate summary of the evidence of the ease which appears in the opinion of the Court of Appeals.

“* * * the State presented direct evidence that the appellant pointed a gun at Officer Munaretto. This evidence was disputed by the testimony of the appellant and Sandra Tate [estranged wife of the appellee]. * * * From the direct evidence presented the jury could conclude that the appellant did point a gun at the police officer.

“The evidence that the gun was empty, however, was totally undisputed. Both the State and the defense presented…