Duncan v. State

Pope, Judge.

Appellant was charged with public drunkenness, simple battery and obstruction of an officer in connection with a scuffle with an off-duty deputy sheriff. Appellant was tried and acquitted on the public drunkenness and simple battery charges and convicted on the obstruction of an officer charge. He was sentenced to twelve months probation and ordered to pay a fine of $100 or serve thirty days.

Appellant here appeals the conviction for obstruction of an officer, raising three grounds: (1) That the deputy was not performing his official duties at the time of the incident and therefore…