Pendley v. State

PRICE, Presiding Judge.

This appeal is from a judgment of conviction of assault with intent to murder, with a penitentiary sentence of twenty years.

The state’s testimony tended to show that ■Ormand Simpson, Police Chief of Berry, Alabama, stopped defendant’s pickup truck •about ten thirty on the night of February 14, 1964. Finding defendant drunk, he ordered him to let his passenger, Millard Pinion, drive the truck. Defendant objected and was given the alternative of letting Pinion drive or going to jail. They ■drove away with Pinion at the wheel.

Between 11:30 and 12:00 o’clock the •same night…