State v. Davis

This is a criminal prosecution brought under section 28-410, R. S. Supp., 1969, in which the jury returned a verdict of guilty of shooting with intent to wound or maim. Error in the instructions is the sole ground assigned on appeal. We affirm the judgment and sentence of the district court.

Since there is no question presented concerning the sufficiency of the evidence, only a brief recitation of the facts is necessary for the disposition of the issues in this case. About 8 p.m., on November 24, 1969, the defendant, in the company of two brothers and two friends, went to a park in Columbus,…