Ervin v. State

OPINION

BUSSEY, Presiding Judge:

Appellant, Cecil Ethridge Ervin, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Blaine County, Case No. CRF-75-15, of the offense of Assault and Battery With a Deadly Weapon With Intent to Kill, in violation of 21 O.S.1971, § 652. His punishment was fixed at eight (8) years’ imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

Roy Dean King testified that on the evening of February 25, 1975, he was at Fritz Hoffman’s bar in Geary, Oklahoma. He was playing pool with the…