State v. Tillery

Summary

The Rhode Island Supreme Court affirmed Henry Tillery’s convictions for three counts of assault with a dangerous weapon. The court held that the evidence, including eyewitness testimony that Tillery possessed and clicked a gun and threatened to shoot, was sufficient for a jury to infer that the weapon was an operable firearm and that he had the present ability to carry out the threatened injury. The court declined to review the jury-instruction challenge because the trial justice gave a supplemental instruction and defense counsel made no further objection.

Holdings

1. The evidence was sufficient for a rational jury to infer that Tillery possessed an operable gun and therefore had the present ability to execute an offer of corporal injury. The trial justice properly denied the motion for judgment of acquittal.
2. The Court would not review the challenge to the dangerous-weapon jury instruction because there was no adverse ruling after the trial justice gave a supplemental instruction, and defense counsel made no further objection.

Questions Presented

1. Whether the evidence was sufficient to prove that Tillery possessed an operable gun and therefore had the present ability to execute an offer of corporal injury for purposes of assault with a dangerous weapon.
2. Whether the Supreme Court could review Tillery's challenge to the jury instruction regarding the dangerous-weapon element when the trial justice gave a supplemental instruction after the objection and defense counsel made no further objection.

Disposition

affirmed