Polk v. State

The plaintiff in error, Fender Polk, hereinafter styled defendant, was informed against for willfully, unlawfully, and feloniously assaulting Hodge Bailey with intent to kill him, convicted of “assault with a dangerous weapon,” and sentenced “to be confined, at hard labor, in the state penitentiary at McAlester, Okla., for ai period of one year and one day and to pay the costs of this prosecution.” Defendant’s motion for a new trial having been overruled, he appeals to this court.

The information, omitting caption and signature, is as follows:

“Now comes John H. Venable, the duly qualified and…