Help Ward Bird of Moultonborough

[RI Swamp Yankee]

Originally Posted by fatlazyless

.... "Considering the evidence and all inference to be drawn from it in the light most favorable to the state, a rational juror readily could have found that the defendant's actions of waving and pointing a gun toward the victim, while yelling 'get the f... off my property,' constituted felony criminal threatening," the Supreme Court ruled.....

in the light most favorable to the state was an error by the appeal justices.

If applied in the light most favorable to the defendant a reasonable juror could conclude otherwise.

Appeal justice also incorrecly applied State v. Gilbert, 473 A.2d 1273, 1275-76 (Me. 1984) (upholding the trial court’s denial of a motion to acquit in a criminal threatening with a dangerous weapon case where evidence demonstrated that the victim was invited and expected at the defendant’s home and, thus, was “neither a trespasser nor reasonably perceived as such by” the defendant). since there is no evidence that the so called victim was invited and in fact the so called victim was warned not to tresspass.