Spears v. State

BRICKEN, Presiding Judge.

This appeal is from a purported judgment of conviction for the offense of assault and battery, a misdemeanor. The offense complained of grew out of a difficulty between this appellant and one Simon P. Benson, the alleged injured party. It affirmatively appears that said difficulty between the above parties took place at their home on April 12, 1930. It is without dispute that this prosecution was not commenced until the indictment was found by the grand jury and returned into open court on March 3, 1932, and the capias or writ of arrest was issued on that day; which,…