Price v. City of Trumann

On appeal from mayor’s court, a trial jury in circuit court found appellant guilty of “accessory to assault and battery, ’ ’ fixing his fine at $100. He asks us to reverse the judgment entered on the verdict.

Appellant urges that the lower court erred in not instructing the jury to acquit him of assault and battery for the reason that the evidence did not show that appellant actually struck Meeker, the prosecuting witness. But Gardner, a companion of appellant, after appellant had alighted from the car in which appellant and Gardner were riding, with the announced intention of attacking…