Clark v. State

Appellant challenges his conviction for attempted second degree murder, claiming that the court erred in failing to grant his motion for judgment of acquittal. Because the State did not prove that appellant acted out of ill will, hatred, spite, or evil intent, an element of the crime of second degree murder, the court erred in denying the motion for judgment of acquittal on the attempted second degree murder charge. As the evidence was sufficient to convict of the lesser included offense of attempted manslaughter, we reverse for imposition of a conviction and sentence for that offensé.

Appellan…