State v. Burris

BROCK, Chief Judge.

Defendant argues that his conviction of both offenses constitutes double jeopardy because both charges grew out of the same events. The State’s evidence tends to show that defendant first fired the shotgun at Willie Ray Moore who, along with his brother, was standing on the porch of Alonzo Moore’s residence. Pellets from the first shot fired struck Willie Ray Moore, and he fell back into the house. Several adults and several children were in the house. Thereafter defendant fired the shotgun at the Alonzo Moore residence two or three times. The assault offense had been…