Allen v. State

The indictment charged that "William T. Allen, alias William Thomas Allen [the appellant] unlawfully and with malice aforethought did assault Llewellyn Sanders with the intent to murder him."

The appellant was tried by a jury and convicted of "assault with intent to murder, as charged in the indictment," and sentenced by the trial court to 10 years' imprisonment.

Early on Sunday, May 7, 1978, at approximately 2:00 a.m., the appellant and several of his friends drove into a "convenience store" parking lot and asked the victim, Llewellyn Sanders, if he knew where they could buy some beer. Words…