State v. Sells

OPINION

BY THE COURT:

Defendants were indicted, tried, convicted and sentenced for the offense of assault and battery. They prosecute appeal on questions of law.

The assault occurred on December 12, 1938. The defendants were patrolmen in the police department in the City of Washington, Sells, a regular officer, Blackmore, a substitute patrolman. The prosecuting witness, William Sullivan was a resident of Washington engaged in the business of collecting rubbish and garbage.

At about 8 o’clock in the morning of the 12th of December, 1938, the prosecuting witness was about his business collecting…