Merrell v. State

Banke, Judge.

The defendant was convicted of four counts of aggravated assault and one count of criminal trespass to property. The assault charges were based on evidence that pellets from a shotgun blast fired by the defendant struck three victims and that a fourth victim was placed in reasonable apprehension of violent injury. The victim named in Count I received numerous shotgun pellets in his legs and thighs. The defendant enumerates as error the trial court’s denial of his motion for directed verdict as to the other three assault counts. Held:

1. “It is only where the evidence demands a…