Porter v. State

OPINION

BUSSEY, Judge:

Johnny Lee Porter appeals from his conviction in Tulsa County District Court, Case No. CRF-78-1396, for the offense of Assault and Battery With a Dangerous Weapon, 21 O.S.1971, § 645, which resulted in a sentence of four (4) years and one (1) month in the penitentiary.

The relevant evidence at trial may be summarized as follows: The thrust of the State’s case was that the prosecuting witness was pulled from his house when he opened his front door to investigate a commotion on his porch, and was beaten by defendant about the head with a shovel, resulting in injuries…