State v. Macone

JAMES H. KEET, Jr., Special Judge.

Appellant was convicted of assault with intent to kill with malice aforethought and sentenced to the term of 30 years imprisonment, fixed by the jury. He appeals on two grounds, effectively preserved: (1) the state did not make a submissible case because it failed to prove that defendant acted with intent to kill a specific person (the alleged victim) as required under § 559.1801 and (2) the trial court erred prejudicially in allowing the playing, in front of the jury, of a tape recording purporting to be the voices of defendant and another because the tape…