Franklin v. State

JOHNSON, Judge.

Appellant was indicted by the Grand Jury of Covington County, Alabama, for the offense of assault with intent to murder. Upon entering a plea of not guilty he was tried by a jury, found guilty of assault, and sentenced by the court to three months in the county jail. His motion for a new trial being denied, he now appeals.

Briefly, the testimony presented the following facts : that on Saturday, January 14, 1967, one Rex Stokes went to “Curt’s Place”, an establishment operated by the appellant; that Stokes started a conversation with appellant who was sitting at the counter; that…