State v. Kinney

LEWIS, Judge.

Defendant was charged and convicted of assaulting his brother Talmadge Kinney (Tim) with a shotgun with the intention of killing him and inflicting serious injury. The events surrounding the shooting are disputed.

The State’s evidence generally tended to show the following. Around 11:00 a.m. on 11 October 1986 Tim was at his mother’s house in Greensboro where defendant also resided. He and Timothy Chilton (Chilton) were attempting to repair Tim’s dump truck which defendant had wrecked earlier in the week. Defendant arrived at the scene accompanied by Frank McDaniel (McDaniel) and…