Mullinax v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Okmulgee county of assault with intent to kill and was sentenced to serve a term of two years in the state penitentiary.

The record discloses that at the time charged defendant and one Ira Martin engaged in a difficulty in which defendant fired six shots with a pistol, one shot of which barely grazed Martin and another struck him in the arm as he was attempting to> escape from defendant. Just previous to the shooting, the parties had had an altercation due to the fact that on the previous day Martin,…