Marshall v. State

OPINION

BUSSEY, Judge:

On appeal from his conviction in Comanche County District Court, Case No. CRF-80-123, of Aggravated Assault and Battery upon a Police Officer, the appellant, in his sole assignment of error, argues that the evidence was insufficient to establish the element of aggravation required by 21 O.S. 1981, § 650, in conjunction with 21 O.S. 1981, § 646.

On March 1, 1980, while attempting to serve an arrest warrant on the defendant’s brother, Melvin, Officer Kenneth Stradley of the Lawton Police Department and the defendant became engaged in a fight. The officer received a blow to…