Ellis v. State

OPINION

DWYER, Judge.

Appellant, Fred Ellis, was convicted by a jury of assault with intent to commit murder in the second degree and sentenced to serve not less than two nor more than five years in the State Penitentiary.

In his appeal to this court he has made a single assignment of error which questions an evidentiary ruling of the trial court. Appellant contends that the trial judge erred in instructing the jury that the testimony of one of the defense witnesses could be considered for impeachment purposes only. While it is not necessary in answering this one assignment to give the customary…