Smith v. State

An affidavit was filed before a justice of the peace, charging appellant with an assault and battery upon the person of one Kemp Scott. A warrant was issued for his arrest. He pleaded not guilty, and upon trial by the justice he was found guilty and a fine was assessed against him. From this judgment he appealed to the court below, where he again entered a plea of not guilty. A jury trial was waived, and, upon a trial by the court, he was again found guilty, and a fine of $25 was assessed against him, upon which judgment was entered. His motion for a new trial was overruled, and in this court…