State v. Wilson

GUNN, Judge.

On appeal from his conviction for assault with intent to kill with malice aforethought, defendant raises two points of alleged error: (1) that the converse instruction to the state’s verdict director was confusing and misleading; (2) that the indictment was defective for failing to contain the statutes fixing the penalty for the offense charged. We affirm.

At the outset, we note that neither point was raised either at the trial or in the motion for a new trial. This failure seems to follow the popular but pedestrian trend of counsel to rely on Rule 29.12 plain error to save matters…