State v. Miranda

715 A.2d 680 (1998)

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Nature of the Case

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Facts

D drank 20 to 30 glasses of beer. The bartender refused him further service. After consuming more drinks in another bar, D purchased a .357 handgun. He returned the first bar and fired a shot at the building, and wounded a patron within. He was indicted for the crime of attempted murder. The jury was instructed: 'A person commits the crime of attempt who, with intent to commit the crime of murder, does any act which constitutes a substantial step toward the commission of the crime of murder. The crime attempted need not have been committed.' 'A person commits the crime of murder who kills an individual if, in performing the acts which cause the death he knows that such acts create a strong possibility of death or great bodily harm to that individual or another.' 'To sustain the charge of attempted murder, the State must prove the following propositions: First: That the defendant performed the acts which caused the injury of Gayle E. Lane; Second: That when the defendant did so, he knew that his act created a strong probability of causing death or great bodily harm to Gayle E. Lane, or another; Third: That the defendant was then capable of acting knowingly and intentionally. D was convicted and appealed. The appeals court overturned the conviction and lowered the conviction to aggravated assault. P appealed.