Marks v. State

The appellant was indicted, tried, and convicted in the Circuit Court of the First Judicial District of Chickasaw County, on a charge of assault and battery with intent to kill and murder one James Oxendine by shooting him with a rifle. He was recommended to the mercy of the court by the jury and was sentenced by the court to imprisonment in the state penitentiary for a term of two years.

The appellant is a young man about 21 years of age. The victim of the assault is of about the age of 25 years, and is an ex-paratrooper who served and was wounded in Korea, and who, at the time of the…