Bell v. State

The defendant, Johnnie Bell, was charged in an information with the crime of assault with intent to kill, wound, or maim. He was found guilty of the lesser ■offense included in the information, assault with intent to inflict great bodily injury. The defendant filed a motion for new trial which was overruled. The trial court sentenced the defendant to a term of 4 years at hard labor in the Nebraska State Penitentiary. The defendant appealed.

The record discloses that Jessie Powell, the prosecuting witness, left his home at about noon on May 25, 1952, and proceeded to the home of Percy Holmes…