Butler v. State

SMITH, Justice:

Ernest Ray Butler was convicted in the Circuit Court of Tishomingo County of having intentionally pointed, aimed and fired a 12 gauge shotgun at one Percy Brown, not in necessary self-defense, nor in the discharge of official duty, thereby wounding the said Percy Brown. Mississippi Code 1942 Annotated section 2013 (1956).

For his offense the court imposed a sentence of five years in the penitentiary, suspending half of it during good behavior. Butler appeals.

The sufficiency of the evidence to sustain the conviction is not challenged. The single assignment of error is to the…