Carico v. State

BRETT, Judge:

This is an appeal by Sammy Darrell Cari-co, from a conviction for the crime of assault and battery with intent to kill, after former convictions of felonies.

The accused was initially charged jointly in Pittsburg County, Oklahoma, with one William Eugene Eaton, as the result of an assault which occurred during the breakfast hour, in the dining hall on April 1, 1965, in the State Penitentiary at McAlester, Oklahoma. Both defendants were inmates *704of the penitentiary, as was the one assaulted. A severance was granted, and William Eugene Eaton was tried first, convicted by a jury, and…