Blakely v. State

From a penitentiary sentence, Blakely, the appellant, who was convicted in the lower court for the crime of assault and battery with intent to kill and murder one Powell, appeals.

The evidence discloses, from the viewpoint of the state, that appellant was riding in an automobile on the public highway accompanied by Fred Blakely, who was driving the car. Near a filling station they stopped the automobile, and appellant signaled Powell to approach them, invited him “to take a ride,” saying, “If you will get in the car and go with us, I will guarantee you will never breathe another breath.”…