Fambro v. State

Banke, Judge.

The defendant was found guilty of aggravated assault based on evidence that he shot his wife in the face with a pistol during an argument which took place while he was under the influence of alcohol. The jury’s verdict was as follows: “Guilty (Criminal Negligence).” On appeal, the defendant contends that this verdict was a nullity in that it negated the existence of criminal intent. He also contends that the court erred in charging the jury that they could find him guilty if they concluded either that he acted intentionally or that he acted out of criminal negligence. Finally, he…