State v. Efird

BROCK, Chief Judge.

Defendant assigns as error the failure of the trial court to instruct the jury on the law of shooting by accident or misadventure and the failure of the court to state defendant’s evidence on shooting by accident or misadventure to the extent necessary to explain the application of the law thereto. This assignment has no merit.

Defendant contends, and his testimony tends to show, that he did not intend to shoot his stepson, that he did intend to scare his stepson by firing the gun, and that at the time he fired the gun, his wife was tussling with him and was holding his arm.…