Seay v. State

— Defendant-appellant Garry Tyrome Seay (Seay) brings this appeal from a conviction of two counts of assault and battery with intent to kill.1

FACTS:

On the night of May 3, 1974, Seay, then seventeen (17) years old, met one Timothy Boyd at a pool hall in Evansville. Prior to their meeting Seay had procured a pistol which he kept hidden near his home.

While at the pool hall the talk among those present focused on an acquaintance of Seay’s who had been shot by police, and the feeling that too many black people were being shot.

Sometime shortly after 1:00 A.M. Seay and Boyd left the pool hall and…