State v. Harty

SMITH, Judge.

Defendant appeals from a judgment of conviction of assault with intent to kill with malice and resultant three-year sentence of imprisonment in a court-tried case. We reverse.

Defendant’s sole point is that the court erred in failing to sustain his motion for acquittal. The evidence most favorable to the state is as follows. On October 20, 1976, shortly after midnight, Gale Frattini left the house of Theodore Conway. She heard two shots, then heard a voice say, “I’m going to kill you, you son-of-a-bitch.” While looking in the direction from which the voice came she saw a muzzle…