Gresham v. State

BUSSEY, Judge.

This is an appeal from the District Court of McIntosh County, Oklahoma, where Willie Gresham, hereinafter referred to as defendant, was charged with the offense of Assault with Intent to Kill, was tried’ by a jury who found him guilty of the lesser and included offense of Assault and Battery with a Dangerous Weapon, and fixed his punishment at Five (5) Years in the State Penitentiary. Judgment and Sentence was pronounced in accordance with the verdict .of-the jury and a timely appeal has been perfected to this Court.

It is contended by the defendant that .the County Attorney, in…