State v. . Jenkins

The necessary facts will be stated in the opinion. The defendant was convicted of assault and battery with a deadly weapon upon one Luther Spivey, and from the judgment upon such conviction appealed to this Court.

Luther Spivey was indicated in one bill of indictment for an assault with a deadly weapon on Sherman Jenkins, and Sherman Jenkins was indicted in another bill for assault with deadly weapon on Luther Spivey. By agreement the cases were tried together.

The following seems to be a fair statement of the case as made out by the State. Sherman Jenkins was deputy sheriff of Graham County,…