Grude v. State

Carley, Chief Judge.

Appellant was tried before a jury on an indictment which charged him with commission of aggravated assault by shooting the victim with a handgun. He appeals from the judgment of conviction and sentence entered on the jury’s verdict of guilty.

1. Appellant enumerates as error the trial court’s refusal to give a requested jury instruction on the defense of accident or misfortune.

“A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.”…