Carder v. State

OPINION

BUSSEY, Judge:

Appellant, Howard Lee Carder, Sr., hereinafter referred to as defendant, was charged in the District Court, Okmulgee County, Case No. CRF-77-95, for the offense of Shooting With Intent to Kill, in violation of 21 O.S.Supp.1976, § 652. He was tried by a jury and found guilty of Assault Upon a Person With a Dangerous Weapon, in violation of 21 O.S.1971, § 645. His punishment was fixed at five (5) years’ imprisonment. From said judgment and sentence an appeal has been perfected to this Court.

The State’s evidence established that on the evening of November 9, 1977, the…