Claridy v. State

W. J. HARALSON, Supernumerary Circuit Judge.

The appellant was charged, tried, and convicted of an assault and battery in Lee County on Ralph H. Cottingham, a State Trooper. The Jury declined to assess a fine and the court sentenced the appellant to imprisonment in jail for a term of one year.

Although no motion to exclude the evidence, request for the affirmative charge, or motion for a new trial was filed in this case making it unnecessary to set out and pass upon the sufficiency of the evidence to support the verdict, the court is of the opinion that it is necessary to set out certain phases…