PEOPLE v.KENNETH Part II
Where evidence showed that defendant ran from police. Defendant ran around a trailer, stopped, turned around and held a pistol in shooting position but did not pull back slide to place a bullet in the chamber. Thus if he pulled the trigger, nothing would have happened. However, the officer did not follow defendant's path around trailer and instead went around the other way and approached defendant from behind after which defendant dropped his pistol. Evidence was not sufficient to support a conviction of assault but was sufficient to support a conviction for attempted murder.
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