State v. George

I depart from the majority opinion on the double jeopardy issue. Taken in the light most favorable to the State, the evidence presented at trial demonstrated that the defendant below fired the shots that seriously wounded Mr. Rice from a place of concealment and then tried to hide the evidence of his crime. There is no reason to dispute the jury’s finding that this act was committed with the premeditation, malice, and intent to kill necessary to support a conviction for attempted first-degree murder. The same evidence, however, supports the conviction for malicious wounding.

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