Eaton v. State

BRETT, Judge.

William Eugene Eaton and Sammy Darrell Carico, both inmates of the State Penitentiary at McAlester, were charged jointly in Pittsburg County with the crime of assault and battery, with intent to kill, after former convictions of felonies. The assault was made on another inmate of the penitentiary on April 1, 1965.

A severance was granted and this defendant stood trial first. At the conclusion of the trial, the jury found him guilty, and fixed his punishment at imprisonment in the state penitentiary for a term of not less than three years, nor more than ten years.

Defendant’s motion…