Scola v. State

OPINION

O’BRIEN, Judge.

Joseph V. Scola was indicted for committing a Crime 'Against Nature, and convicted in the Criminal Court of Shelby County, Division IV, Honorable Odell Horton, Judge, upon written waiver of jury, for Attempt to Commit a Felony. He was sentenced to serve eleven months and twenty-nine days in the Shelby County Penal Farm. Motion for new trial was overruled and appeal seasonably made to this court.

Three assignments of error are made, the first two of which will be considered later in this opinion.

By his third assignment of error, appellant contends the trial court erred in…