Nicholas v. State

PRICE, Presiding Judge.

The appellant, Thomas C. Nicholas, was convicted and sentenced to serve an eight year sentence in the state penitentiary for the crime of assault with intent to murder. From this conviction an appeal is taken.

The testimony in this case discloses that on the night of December 18, :1967, appellant’s wife, Shirley, and her sister Carol Lackey, left Robey’s Lounge with Paul Reaves and Jerry Sizemore. Upon returning to the lounge later in the -evening, Paul Reaves parked his car in a parking area across the street. Carol Lackey and Jerry Sizemore got out of the car and began…