Johnson v. State

OPINION

BRETT, Judge:

Haskell Edward Johnson was convicted in the District Court of Oklahoma County, Case No. CRF-80-2597, for the offense of Assault and Battery With a Dangerous Weapon, was sentenced to six (6) months in the county jail, and he appeals.

The undisputed testimony shows that on July 4, 1980, at approximately 12:30 a.m., James Ruiz, Francisco Acota and Juan Alvarez, were at Billy’s Place, an Oklahoma City bar, when a fight broke out. Acota was involved in the fight. As the three left the building, Ruiz was shot in the back.

However, testimony regarding who fired the shot and how it…