Byrd v. State

DeCARLO, Judge.

On July 18, 1977, the grand jury of Barbour County indicted Floyd Byrd, charging:

“. . . Floyd Byrd, whose name is to the Grand Jury otherwise unknown, did assault with a deadly weapon William Petty, a peace officer of this State, while the said officer was engaged in the active discharge of his duty or duties, by shooting at him with a gun or pistol, . . .”

After a jury trial on August 10, 1977, Byrd was found guilty and sentenced to five years. Notice of appeal was given, and, on motion by retained counsel, bail was fixed and the execution of sentence was suspended.

The facts…