People v. Seymour

The defendant and the complainant got into an altercation in a tavern, resulting in the complainant’s allegedly being shot in the hand by defendant. Both gentlemen were members of the Police Department and off duty at the time. The defendant was charged in a three-count indictment with assault in the first degree, assault in the second degree, and reckless endangerment in the first degree.

At the trial, the Judge charged the first count of the indictment, assault one, and also assault in the second degree as a lesser included offense. He also charged the second and third *3counts of the…