Harvell v. State

MEMORANDUM OPINION

BUSSEY, Judge.

Everett Harvell, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Sequoyah County of the crime of Shooting with Intent to Kill; his punishment was set at ten years imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court.

Briefly stated, the evidence at the trial adduced that on August 12, 1967, the defendant went to a tavern located east of Sallisaw. Jim Baty, the bartender, testi fied that the defendant came into the bar, bought a beer and left for approximately five…