State v. Westphal

DELAHANTY, Justice.

Walter M. Westphal appeals the verdict of a Superior Court (Somerset County) jury finding him guilty of armed assault. We deny the appeal.

The defendant raises four issues for our consideration: (A) denial of a judgment of acquittal; (B) denial of a motion for a new trial; (C) exclusion of evidence of defendant’s ability as a marksman; and, (D) obvious error in the court’s charge.

(A) The defendant moved, pursuant to Rule 29(a) M.R.Crim.P., for a judgment of acquittal at the close of all the evidence. The court reserved judgment on the motion until after the jury had returned…