State v. Hupe

Ringold, A.C. J.

Adam Hupe was found guilty by a jury of assault in the second degree. He appeals the judgment and sentence imposed. We affirm.

In November 1985, Adam Hupe shared an apartment with a former girl friend. Hupe became upset when he returned home on November 22 to find another man, John, spending the night in the apartment. To make John leave, Hupe admits he pointed an unloaded rifle at John and told him "he had 30 seconds to get out or I would indeed blow his head off." Hupe testified that he also pushed the gun into John's stomach and said "leave." John did not know the gun was…