P. v. Sims
Lyman Lynn Sims and Felease McLane robbed a bank and appeal their convictions on charges arising from that robbery following a jury trial. Sims argues that his convictions for attempted murder and assault with a semi-automatic weapon on an officer performing his duties must be reversed. He says jury instructions precluded the jury from considering the absence of evidence which logically would have existed had the prosecutions theory of the case been correct. McLane argues his convictions for assault with a semi automatic weapon must be reversed because there was no substantial evidence that Simss use of a semi-automatic firearm was a natural and probable consequence of robbery under the facts of this case. Court disagree, and affirm both their convictions.
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