Johnson v. State
Annotate this CaseAfter a jury trial, Defendant was found guilty of attempted first degree murder, aggravated burglary, conspiracy to commit aggravated burglary, and aggravated assault. Defendant was sentenced to a term of life on the attempted first degree murder conviction. The Supreme Court affirmed the convictions, holding (1) the district court incorrectly instructed the jury on the definition of malice, but Defendant was not prejudiced by the improper instruction; and (2) the district court did not err in denying Defendant’s motion for judgment of acquittal on the conspiracy charge, as sufficient evidence was presented to sustain the conviction for conspiracy to commit aggravated burglary.
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