Mixon v. State

MEMORANDUM OPINION

BUSSEY, Judge:

Appellant, John Mixon, hereinafter referred to as defendant, was charged and tried in the District Court, Haskell County, Case No. CRF-73-24, for the offense of Shooting with Intent to Kill. The jury found him guilty of the lesser included offense of Assault with a Dangerous Weapon, in violation of 21 O.S.1971, § 645, and fixed his punishment at five (5) years’ imprisonment. From said judgment and sentence an appeal has been perfected to this Court.

Briefly stated, at trial the State’s evidence in chief established that defendant shot Donald L. Mabry on the…