State v. Cushman

329 A.2d 648 (1974)

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Nature of the Case

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Facts

A state trooper was called to a home based on the presence of a party who was staying at the house, after being bailed out, and the worries of a mother for her young daughter. When the trooper arrived, D and the trooper got into an argument, and during the argument, D took a firearm from a rack in the kitchen and pointed it in the direction of the trooper. When D took the stand, he claimed that the weapon was of antique vintage and not loaded. The statute that D was convicted under presumed recklessness when a person knowingly points a firearm at or in the direction of another, whether or not the actor believed the firearm to be loaded. D was convicted and appealed.