Lay v. State

*821OPINION

O’BRIEN, Judge.

Defendant was charged by a presentment in this case for assault to commit murder in the first degree. He was tried before a jury on a not guilty plea and was found guilty of assault with intent to commit murder in the second degree with maximum punishment fixed at three years. The trial judge entered judgment of confinement in the Penitentiary for an indeterminate period of not less than one nor more than three years. Motion for new trial was heard and overruled, and the matter is properly before this court on appeal.

Three questions are presented for resolution here…