Espey v. State

SIMPSON, Judge.

The two appellants were indicted for assault with intent to murder. Conviction was of an assault and battery. The victim, Wash Johns Clements, received serious knife wounds at the hands of Curtis Espey, while Curtis’s father, John Wesley Espey, stood by with pistol in hand. The tragic episode was the culmination of an alleged love affair between Clements and Curtis’s wife, who was in the automobile with Clements at the time.

The only propositions meriting treatment are argued in brief by counsel, and we discuss them in order.

The indictment charges that the two named appellants…