Mole v. State

McNEILLY, Justice:

Defendant, Tommie Lee Mole, a/k/a Thomas J. Moore, appeals from his Superior Court jury conviction of assault in the second degree and possession of a deadly weapon during the commission of a felony. He contends that the Trial Court erred in failing to instruct the jury, sua sponte, on the law of accident and by admitting certain testimony of defendant’s wife. 1 We affirm.

I

Pat Wilson, a friend and regular visitor in defendant’s home, was shot by defendant as she laughed at defendant arguing with his wife. During the argument, defendant had pulled a .22 caliber pistol from…