Poole v. State

TYSON, Judge.

Ezekiel Poole was charged with the intent to commit the crime of assault in the first degree by attempting to commit this same offense,1 by shooting at sheriff’s deputy, Gary Vancil.

The jury found the appellant “guilty of an attempt to commit an assault in the first degree as charged” and the trial court set sentence at 8 years’ imprisonment in the penitentiary.

Before trial, a stipulation was entered with reference a prior offense in which the appellant had been involved. The trial court indicated this stipulation to the jury in the following language. (R. 17).

“THE COURT: All…