People v. Johnson

750 P.2d 72 (1987)

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Nature of the Case

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Facts

D had a fight with a friend outside a bar where the two had been drinking. D walked a mile to his house, retrieved his .22 rifle and ten cartridges, walked back to the bar, and crawled under a pickup truck across the street to wait for the friend. When the owner of the pickup arrived, D obtained his keys, instructed him to sit in the pickup, and gave him one or more bottles of beer. D then crawled back under the pickup to resume his wait for his friend. The police were alerted and arrested D before his friend emerged from the bar. D testified he intended to shoot the friend to 'pay him back' for the beating he had received in their earlier altercation. There was also testimony that while he was lying under the pickup truck, D sobered up somewhat and began to think through his predicament. D testified that he changed his mind and removed the shells from the rifle, placing them in his pocket. There were two persons in the pickup truck, and he began a discussion with them, telling them his name and address and inviting them to his residence to have a party. The three of them were still there drinking and conversing when the police arrived. The rifle was found to be unloaded and the shells were still in D's pocket. D moved for judgment of acquittal at the close of the prosecution's case. The court denied the motion. D was convicted and appealed.