Rucker v. State

This is an appeal by Herbert Packer from a judgment of the Circuit Court of Carroll County, which found him guilty of assault and battery with intent to kill and murder one Fred Johnson, and sentenced him to serve a term of five years in the State Penitentiary.

The assault occurred on Saturday night, February 12, 1962, at the cafe of Salina Hudson. On the material facts, the evidence was in sharp dispute.

The defendant went to the cafe between eight and nine o ’clock on the evening in question, and, being unable to get the desired meal, and at the bidding of Judge Phillips and his son and…