Simmons v. State

This is an appeal from the district court of Okfuskee county, wherein the plaintiff in error, hereafter designated defendant, was convicted and sentenced to serve a term of three and one-half years in the state penitentiary for the offense of assault with intent to kill. This alleged offense occurred in the town of Paden in Okfuskee county near the depot in said town, the defendant and one Bennett engaging in a pistol duel at that place and at a time when numerous people were assembled for the purpose of taking a passenger train out of said town. Neither party using the pistols was punctured…