Tolliver v. State

TYSON, Judge.

Willie Tolliver was indicted for assault with intent to murder. The Jury’s verdict was guilty as charged, and the court set sentence at seven years in the State penitentiary.

The evidence for the appellant tends to show that on August 25, 1972, sometime around 5:00 p. m., the appellant went to a neighbor’s house, John Dumas, where a group of six or seven men had congregated. The men were drinking beer, and Tolliver asked Dumas if it would be all right if he drank gin, which he had brought in with him. Dumas told Tolliver that it would be all right, and Dumas went into the kitchen…