State v. Phillips

The defendant was charged with the crime of assault with intent to commit first-degree murder in violation of OBS 163.280. The charge arose out of an altercation in which defendant shot one Duane Shelton twice with a revolver. The defendant entered a plea of not guilty and was found guilty upon trial by jury of assault with a dangerous weapon. He was thereupon sentenced to a term of not to exceed five years’ imprisonment. Contemporaneously with the sentencing on the assault conviction, his probation for the crime of burglary not in a dwelling was revoked and he was given a five-year sentence…