Ellison v. State

HARWOOD, Judge.

This appellant was indicted and convicted of the offense of assault with intent to murder in violation of Section 38, Title 14, Code of Alabama 1940. The court imposed a sentence of confinement in the State penitentiary for a term of one year and one day. Such action on the part of the court will be commented on later.

The evidence introduced by the state tended to show that about midnight on December 1, 1945 the appellant went near to the home of Laura and Peter Bates and there called for Frank Evans, also known as “Snake Eyes,” who resided with the Bates couple, being their…