State v. Johnson

OPINION

GEMMILL, J.

¶ 1 Benjamin L. Johnson fired one round from his rifle, hitting a police officer. A jury convicted Johnson of aggravated assault for shooting a police officer. The same jury also found Johnson guilty of aggravated assault against several bystanders, but these verdicts were reversed on appeal. Johnson was retried on six counts of aggravated assault and convicted on five counts. Johnson now appeals from these convictions.

¶ 2 Over Johnson’s objection, the trial court instructed the jury on transferred intent, permitting the State to argue that Johnson’s intent to shoot the…