Suber v. State

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for the offense of assault with intent to murder Tommy Wells with malice, as charged in the first count of the indictment; the punishment, 8 years.

The second count of the indictment alleged that appellant, while unlawfully carrying on and about his person a pistol, wilfully committed an assault upon Tommy Wells with said pistol and wounded him.

Upon arraignment appellant entered a plea of not guilty. Prior to trial he elected to have the court assess the punishment, if any, and filed a motion which reads:

“The Defendant asks the…