Judgment unanimously reversed on the law and facts and a new trial granted.
Memorandum:
The indictment herein charged defendant with assault, first degree. Following a trial he was found guilty of assault, second degree. At the time of the alleged crime defendant, operating a motor vehicle and accompanied by his 14-year-old son, was pursuing another vehicle operated by one Isaac who had been keeping company with defendant's estranged wife. The actual shot...
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