State v. Zupetz

AMDAHL, Chief Justice.

This is an appeal from the denial of appellant Charles Franklin Zupetz’ motion for a new trial or to vacate the judgment of conviction of attempted manslaughter in the second degree.

On August 1, 1980, at about 10:30 p. m., Charles Zupetz shot Jane Hartley. He was charged with attempted murder in the first degree, assault in the first degree, and possession of a firearm without a permit. The state later dropped the assault charge on the theory that it was a lesser and included offense of attempted murder in the first degree. Trial began on the remaining two counts on…