McMillian v. State

COWART, Judge.

This case involves the sufficiency of evidence to support a conviction of attempted first degree murder.

After threatening to kill his estranged wife, the defendant was apprehended by police as he was lying in wait with a loaded rifle, with the safety off, in bushes about 100 feet from the wife’s parked vehicle at her place of work.

The issue is whether the evidence is sufficient to show that the defendant’s acts toward the commission of a first degree murder went beyond mere preparation and whether the circumstantial evidence is sufficient to show, beyond a reasonable doubt, his…