Childress v. State

L. S. MOORE, Retired Circuit Judge.

The appellant was indicted, tried, convicted and sentenced for the offense of assault with intent to murder. His punishment was fixed by the final judgment at imprisonment in the penitentiary for eight years. The indictment among other things charged that the appellant “did assault Floyd W. Cole, with intent to murder him.” Hence this appeal.

In substance the witnesses for the State testified as follows.

Floyd W. Cole testified that he lived in DeKalb County, Alabama; that Betty No-velle Cole was and is his wife; that he married her in November, 1975 and that…