Matthews v. State

HARALSON, Supernumerary Circuit Judge.

Appellant was convicted in the circuit court of assault with intent to murder, and sentence fixed at two years imprisonment in the penitentiary.

From the testimony presented by the State it appears that on November 30, 1970, the appellant, John Thomas Matthews, accompanied by his brother, Willie Eddie Matthews and Willie Paul Gilbert, drove an automobile into a filling station in Limestone County and ordered 50 cents worth of gasoline from the attendant, Charles Ray Kennemer. The cap to the gasoline tank was locked and the attendant procured the key from…