Franklin v. State

OPINION

ODOM, Judge.

The original appeal in this case was dismissed because the sentence was prematurely pronounced. It now appears that the sentence has been properly pronounced and notice of appeal given. The appeal is reinstated.

Appellant was convicted by a jury for the offense of assault with intent to murder with malice and they assessed his punishment at ten (10) years.

The appellant made an application for probation, wherein he swore he had never been convicted of a felony. A requested charge on probation was refused by the court.

The sole ground of error is that the court erred in its…