Walters v. State

OPINION

BUSSEY, Judge:

James Owen Walters, Sr., appellant, was tried by a jury for the crime of Aggravated Assault and Battery on a Police Officer in the District Court of Mayes County in Case No. CRF-81-234. The jury returned a verdict of guilty for the lesser included offense of Assault and Battery upon a Police Officer and the judge set appellant’s punishment at six (6) months imprisonment in the county jail and a five hundred dollar ($500) fine in accordance with the jury’s recommendation, and he appeals.

Early on the morning of November 18, 1981, in the town park of Salina, Oklahoma,…