State v. Mastel

Defendant was indicted on three counts, only one of which is involved in this appeal, to-wit: unlawfully and maliciously shooting one Gary Crago with intent to wound him, to which defendant pleaded not guilty.

The evidence showed that defendant drove to the home of Gary in order to talk over the alleged mistreatment *171of defendant’s children and estranged wife by Gary. Defendant testified that he took a loaded .45 caliber pistol with him in his automobile for protection.

While defendant and Gary were talking, the latter’s father, Donald Crago, drove into the driveway and parked beside defendant’s…