State v. Evans

OPINION

This ease came before the court on December 8,1992, pursuant to an order directed to both the defendant and the state to appear and show cause why the defendant’s appeal from a conviction of assault with intent to murder should not be summarily decided. After considering the arguments and memoranda of counsel, we are of the opinion that cause has been shown and we sustain the appeal.

This matter arose out of an altercation between defendant, Robert A. Evans, and the victim, William Musco. Although both men parted ways for a few moments, there was a later confrontation between the two,…