Zacharia Lee Johnson v. State

KITE, Justice.

[T1] A jury found Zacharia Lee Johnson guilty of attempted first degree murder, aggravated burglary, conspiracy to commit aggravated burglary and aggravated assault. Mr. Johnson appeals, claiming the district court erred in incorrectly instructing the jury on the meaning of malice and denying his motion for judgment of acquittal on the conspiracy charge. We conclude the jury was improperly instructed but Mr. Johnson was not prejudiced thereby. We, therefore, affirm.

ISSUES

[¶2] The issues for our consideration are:

1. Whether the district court incorrectly instructed the jury on…