Hawkins v. State

SIMPSON, Judge.

The defendant was convicted under an indictment charging an assault with intent to murder upon one Welch. The defendant and his brother, with whom he was jointly indicted, operated a dance hall and lunch stand where the altercation occurred. The judgment entry discloses that the defendant demanded a separate trial, that a severance was granted by the court, duly entered of record, and trial of defendant alone proceeded.

The evidence of the State, and the witnesses were several, was to the effect that, without provocation, the defendant assaulted Welch with a stick, striking him…