People v. Walls

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: The indictment herein charged defendant with assault, first degree. Following a trial he was found guilty of assault, second degree. At the time of the alleged crime defendant, operating a motor vehicle and accompanied by his 14-year-old son, was pursuing another vehicle operated by one Isaac who had been keeping company with defendant’s estranged wife. The actual shot that struck Isaac’s car was eoncededly fired by the son. The extent of defendant’s implication in the assault was proof of a remark made to…