CLAYTON v. STATE

7 Div. 936.

226 So.2d 671 (1969)

Kenneth CLAYTON v. STATE.

Court of Appeals of Alabama.

September 9, 1969.


Attorney(s) appearing for the Case

John S. Casey, Heflin, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.


CATES, Judge.

Clayton was convicted of assault with intent to murder Willis C. Summerlin. He was sentenced to five years in the penitentiary.

Tendencies of the State's evidence were that Clayton was a passenger in an automobile which drove up to Summerlin's house. Summerlin testified that (R. 7) "about 5:30 in the evening a car pulled up and blowed the horn." Going outside, Summerlin was confronted by Clayton who got out of the car with a rifle which he pointed...

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