Murphy v. State

Defendant, Gene Murphy, was charged in the district court of LeFlore county jointly with Bill Richardson and others, with the crime of assault with intent to kill, demanded a severance, was tried and convicted of the included crime of assault with a dangerous weapon, and his punishment assessed by the jury at four years in the state penitentiary. From this judgment and sentence he has appealed.

To properly consider the errors assigned, it is best to give a short statement of the facts, as revealed by the record.

The defendant was charged with the crime of assault with intent to kill, under 21…