Rogers v. State

HARPER, Judge.

Appellant was prosecuted and convicted of assault to murder and his punishment assessed at two years confinement in the State penitentiary.

We can not agree to the opinion of our Presiding Judge, and we copy here virtually the entire• evidence in this case.

Arch Hevland testified: “I know Clifton Rogers. There he is sitting over there. Clifton Rogers was shooting at me, I don’t know just how far he was in shooting distance of me, though, close enough to hit > me. I don’t know how many times he shot at me, I suppose that he shot until he emptied his gun. The pistol he had shot six…