Kean v. State

CATES, Judge.

On August 15, 1955 the DeKalb County grand jury indicted Bobby Kean for assaulting Harvey Spears with intent to murder. Code 1940, Title 14, Section 38, Title 15, Section 259, No. 16. He was on August 31, 1955 convicted by a jury of that charge and sentenced by the court to two years in the penitentiary..

The evidence for the State tended to show that:

The night of July 31, 1955, Harvey Spears was working at a curb market (sometimes called a “fruit stand”) at or near Fort Payne, Alabama. Shortly after midnight, three “boys”, Bobby Kean (appellant), Vernon Lands, and Hobart Peek,…