Corn v. State

OPINION

BUSSEY, Judge:

Appellant Donald Ray Corn, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Grady County, Case No. CRF-73-62, for the offense of Assault and Battery with a Dangerous Weapon, After Former Conviction of a Felony. The jury fixed his punishment at four (4) years imprisonment, and from said judgment and sentence a timely appeal was been perfected to this Court.

The evidence reveals that defendant was involved in a barroom brawl on the evening of August 6, 1973, at the “81 Tavern” in Rush Springs. During the course of the fight, Nick…