Barbee v. State

PRICE, Presiding Judge.

Conviction was for assault with intent to murder one Windell Allen. Sentence was for two years in the penitentiary.

The state’s evidence tends to show that. Christmas’ Eve night, 1966, Barbee’s former wife was working in a grocery store-operated by Windell Allen’s father. Defendant and a woman companion selected groceries and asked Mrs. Barbee to check them out. She refused and Allen asked'. Barbee to leave. Whereupon defendant drew a pistol and pointed it at Allen. He clicked the gun and a live shell fell to the-floor. He then fired the gun and walked out the front…