State v. Gallo

The defendant, William Gallo, was convicted by a jury of first-degree assault in Clark County Superior Court. On appeal to this court, the defendant presents six assignments of error: (1) the trial court's failure to suppress a derringer as having been the product of an unlawful search; (2) the admission of testimony as to conversations overheard by the victim on the night preceding the shooting; (3) the admission of testimony by a police officer that a derringer filled with birdshot "could be" lethal; (4) the denial of defendant's motion to dismiss which was made at the close of the State's…