State v. Morris

Defendant appeals his bench trial convictions for felonious assault and aggravated menacing. For reasons stated below, we affirm the felonious assault conviction and reverse the aggravated menacing conviction.

Defendant was attending a family-gathering at his aunt’s home when the aunt’s neighbor appeared and accused defendant of “messing with” the neighbor’s girlfriend. A fight ensued during which the neighbor was stabbed with a small pocket knife. Defendant then took a .38 caliber revolver from his car and fired the gun once into the air. The injured neighbor fled to his nearby home.…