People v. Rivera

This is an appeal from a conviction of assault with the intent to commit murder. On rehearing the former opinion of this court is withdrawn and this one substituted therefor.

The facts as shown at trial were that the defendant and *26some friends were drinking at a tavern when the victim was shot. Some of the People’s witnesses testified that the defendant fired the gun. There was considerable doubt generated during the questioning as to whether these witneses actually saw the gun in the defendant’s possession when the shot was fired. Additionally, cross-examination of the witnesses who testified…