DeWeese v. State

Appellant DeWeese was convicted of assault and battery with intent to kill. One John Clardy, a pedestrian, *504was shot by a shotgun from the rear seat of an automobile occupied by three persons including defendant. The shooting followed a verbal altercation with racial overtones which the driver of the vehicle, Herman Schmitt, terminated with directions to the occupant of the rear seat to “Shoot that nigger”. The victim and another eye witness identified DeWeese as the man in the rear seat who fired the shotgun. DeWeese testified that it was the third occupant of the vehicle who occupied the…