Stumblingbear v. State

BUSSEY, Presiding Judge:

Eugene Stumblingbear and Johnny Hau-ry, Jr., hereinafter referred to as defendant Stumblingbear and defendant Haury, were charged, tried, and convicted in the District Court of Oklahoma County, Oklahoma for the offense of Assault and Battery with a Deadly Weapon with Intent to Kill; their punishments were fixed at eight (8) years imprisonment, and -from said judgments and sentences, a timely appeal has been perfected to this Court.

*778At the trial, Gregory Jones testified that on the evening of October 2, 1970, he and Gary Swan, along with Bobby Martin and a girl, went to…