State v. McWilliams

Charged with "attempted murder” 1 defendant was convicted by jury verdict of the lesser offense of "assault in the first degree” 2 and sentenced to a term of imprisonment not to exceed 10 years. On appeal defendant argues that the trial court erred both when it failed to give his requested instruction on the defense of "excusable homicide by accident,” and when it instructed the jury that, if in its opinion the evidence before it did not establish beyond a reasonable doubt that the defendant had attempted to cause the death of another human being, it might consider whether he was nonetheless…