Smiley v. State

MORROW, Judge.

The appellant was convicted of an assault with intent to rob Harry M. Reed. It appears that as Reed was approaching his home and about to enter his gate, he was attacked by three men. As he described the matter, they came to him, and the man in the 'middle said: “Stick them up.” Reed replied: “What is your idea,” and he said: “Stick them up,” when Reed replied: “Put that thing up, you are going to hurt yourself.” Quoting: .“Just then the fellow on the left struck me with his gun, hit me on ,the jaw, and I hit the fellow on the right and knocked him about ten feet, and swung at…