Wells v. State

HARRIS, Judge.

Appellant was convicted of assault with intent to murder and the Court sentenced him to five years imprisonment in the penitentiary. At arraignment and trial he was represented by retained counsel. He plead*803ed not guilty to the indictment. After sentence was imposed, he gave notice of appeal.

The evidence was in sharp dispute. There was no motion to exclude the State’s evidence, but there was a request for the affirmative charge which was refused and we think rightly so.

There was a motion for a new trial containing numerous grounds. The grounds of major concern was the…