Heisterman v. State

The appellant was found guilty by a jury of: (1) assault with intent to commit murder in the first degree, and (2) shooting into an occupied dwelling. He received a sentence of five years in the state prison on the first charge and a sentence of five years probation on the second charge, the sentences to run consecutively.

Six points have been raised on this appeal. Each will be discussed briefly in the order presented. The first point urges error upon the denial of defendant’s motion to dismiss the information on the ground that the information does not state sufficient facts. See Hamilton v.…