State v. Cushman
Vermont Supreme Court
329 A.2d 648 (1974)
Relevant factsFree
Police responded to a domestic disturbance call at Cushman's (defendant's) home, and Cushman pointed a handgun at the responding state trooper. Cushman was charged with recklessly endangering another person and convicted by a jury; he appealed, arguing there was no proof the gun was loaded and thus no proof the trooper was ever in actual danger.
IssueFree
Whether a person may be convicted of recklessly endangering another by pointing a firearm at the victim without proof beyond a reasonable doubt that the victim was in actual peril.