STATE V. CUSHMAN
329 A.2d 648 (1974)
NATURE OF THE CASE: This was an appeal from a conviction of recklessly engaging in
conduct that placed another in danger of death or serious bodily injury.
FACTS: A state trooper was called to a home based on the presence of a party who was
staying at the house, after being bailed out, and the worries of a mother for her young
daughter. When the trooper arrived, D and the trooper got into an argument and during the
argument, D took a firearm from a rack in the kitchen and pointed it in the direction of the
trooper. When D took the stand he claimed that the weapon was of antique vintage and not
loaded. The statute that D was convicted under presumed recklessness when a person knowingly
points a firearm at or in the direction of another, whether or not the actor believed the
firearm to be loaded. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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