Sharpe v. State

Appellant was found guilty of the offense of assault and battery, by a jury, and was assessed a fine of $500.00; the trial judge added six months additional hard labor for the county.

I

Appellant had been indicted and tried under an indictment charging the defendant with a violation of Title 14, § 374 (20), Code of Alabama 1940, which makes it a felony to commit an assault with a deadly instrument upon a peace officer or other law enforcement officer of this state engaged in the active discharge of his lawful duty or duties.

The evidence produced by the state, if believed by the jury, would…