Harper v. State

Shulman, Judge.

Defendants Helen McFarland and Doug Harper were indicted, tried and convicted of the offense of aggravated assault. On appeal, we reverse.

The facts of the case are as follows. The defendants (who were engaged to be married) were being treated at the county health department for venereal disease. When rumor of their treatment spread through their hometown, the defendants went to the health clinic to confront an employee of the clinic (the prosecutrix, Mrs. Shaw), whom they believed to be the source of the rumor. An argument ensued whereupon defendant-McFarland struck Mrs. Shaw…