United States v. David W. McCrae

Following trial by a jury, appellant was convicted on counts of assault with intent to kill while armed 1 and carrying a pistol without a license. 2 The charges emanated from a verbal altercation in the course of which appellant shot another, and the controversy on appeal, as at trial, stems from appellant’s claim that he did so in self-defense. The single question before us is whether the trial judge erred in denying appellant’s motion for a judgment of acquittal 3 and in thus leaving consideration of the issue of self-defense for the jury. 4 A review of the record satisfies us that the…