Holmon v. State

Appellant contends, and we agree, that his conviction for shooting into an occupied vehicle (Count II) and aggravated battery (Count III) must be reversed because the state’s evidence was legally insufficient.

Appellant was involved in an altercation with several other men. His friend, Raymond Branch, drove up to the scene, pulled out a pistol, and started shooting. While the others scattered, Branch and appellant walked over to the vehicle in which the others had arrived and Branch fired several shots into the car. Two shots struck Robert Vaughn, the vehicle’s sole occupant. The two charges…