People v. Joeseype Johnson

Memorandum Opinion. These consolidated cases, arising out of prosecutions for felonious assault, concern jury instructions on the mental element of the common-law offense of assault and the statutory offense of felonious assault.

The people’s proofs at trial in Johnson and at the preliminary examination in Ring tended to show that in each case the defendant pointed a *210gun at the complainant but no shot was fired. The defendants claim that they had no intention to injure and that the jury must be instructed that it may not convict unless it finds such intent. The instruction was refused in…