State v. Thornton

ERWIN, Judge.

Defendant contends that the trial court committed error in its charge to the jury when it instructed as to intent as follows:

“I further instruct you that if you should find beyond a reasonable doubt that the defendant intended to point the pistol at some third party, that is not David Aman but some *566other party who was in the American Legion Hut at the time of the fraycus (sic) but that he actually pointed it at David Aman then the legal effect would be the same as if the defendant had actualy intended to point the pistol at David Aman.”

Defendant asserts in his brief:

“The evidence…