State v. Heitman

CLARK, Judge.

Appellant was jury tried and convicted of assault with intent to kill with malice aforethought, burglary second degree and stealing. 1 In accordance with the verdict, appellant was sentenced to concurrent terms of eight and three years for burglary and stealing and a consecutive sentence of thirteen years for assault.

On this appeal, Heitman contends (1) the evidence was insufficient for submission of the charge of assault with intent to kill, (2) the lesser included offense of common assault was erroneously not submitted, and (3) the jury instruction on assault without malice…