CHILDRESS v. STATE

7 Div. 466.

344 So.2d 799 (1977)

Bobby Gene CHILDRESS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 8, 1977.


Attorney(s) appearing for the Case

W. N. Watson for Watson & Watson, Fort Payne, for appellant.

William J. Baxley, Atty. Gen. and Vanzetta Penn Durant, Asst. Atty. Gen., for the State.


L. S. MOORE, Retired Circuit Judge.

The appellant was indicted, tried, convicted and sentenced for the offense of assault with intent to murder. His punishment was fixed by the final judgment at imprisonment in the penitentiary for eight years. The indictment among other things charged that the appellant "did assault Floyd W. Cole, with intent to murder him." Hence this appeal.

In substance the witnesses for the State testified as follows.

Floyd W...

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