Roper v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Murray county of the crime of assault and battery, and his punishment fixed by the jury at a fine of $100 and imprisonment in the county jail for 30 days.

The defendant raises but two questions:

First, that the court erred in overruling defendant’s motion to direct the jury to acquit the defendant upon the ground that the opening statement of the county attorney was insufficient to state an offense against the defendant or to entitle the state to proceed further with the trial of the case.

Section 2687,…