Johnson v. State

Webb, Judge.

David Reuben Johnson appeals from his conviction of the charge of simple battery and the denial of his motion for new trial.

1. Johnson was arrested for driving under the influence of alcohol and taken to the Heard County Sheriffs office for an intoximeter test. An altercation ensued during which Johnson struck a deputy with his fist and the deputy hit Johnson with his flashlight two or three times. Johnson contends that the contradictory nature of the testimony of the two state witnesses renders the case against him unworthy of belief.

We do not agree. The testimony of the two…