Fitzpatrick v. State

CATES, Judge.

Assault with intent to murder: sentence, twelve years.

I

We abstract from the State’s brief:

“ * * * Officer Wigley went out into the street and tried to persuade Fitzpatrick to give up the shotgun. At this time Fitzpatrick stuck the shotgun to within six inches of the Officer’s stomach and began to fumble with the hammer, trying to cock it (R. 35). Officer Smith, one of the three policemen at the scene, fired a warning shot to attract Fitzpatrick’s attention (R. 36 & 50). When the shot was fired, Fitzpatrick pointed the shotgun toward Officer Smith who was some thirty feet away (R.…