Franklin v. State

Evans, Judge.

Defendant was convicted and sentenced for the offense of simple battery arising out of an altercation with a state trooper upon being arrested for driving under the influence of intoxicants. Motion for new trial was filed and denied. Defendant appeals. Held:

1. While the evidence was conflicting, the state’s evidence was sufficient to show that the state highway patrolman told defendant he was under arrest, reached up and took defendant by the arm, defendant pulled back, and drew back his fist, and the trooper then hit him (omitting to state whether with his fist or a slap stick…