Nelson v. State

HARWOOD, Judge.

The indictment against this appellant contained two counts, the first count charging assault with intent to murder, the second count charging assault with intent to rob. .

The verdict returned by the jury found appellant guilty of assault with intent to rob, under count 2 of the indictment.

The evidence presented by the State tended to show that about 9:30 on the night of 5 February 1948, Mr. Benton Pierce, Manager of the Gadsden Theatre, in Gadsden, Alabama, was seated behind the desk in his office, which was on tire mezzanine floor of the theatre. The appellant pushed open the…