State v. Brauner

• Spencer, J.

Defendant prosecutes this appeal from a conviction for assault with menacing threat. The complaint charged defendant with unlawfully assaulting and threatening Daniel Inselman, a 14-year-old boy, in a menacing manner by pointing a loaded shotgun at him and ordering him to run and thereafter firing a shot from the gun.

Defendant argues five assignments of error: (1) Failure to instruct the jury on specific intent; (2) refusal to sustain defendant’s motion to dismiss because there was no evidence that the shotgun was loaded; (3) prejudicial remarks made by the prosecutor within the…