Bush v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

A jury convicted appellant-defendant of assaulting Wiley B. Dawkins, a police officer of the City of Brighton, Alabama, with a deadly instrument (a loaded pistol) while engaged in the active discharge of his lawful duty or duties. An indictment therefor was based on Title 14, § 374(20), Recompiled Code 1958, 1973 Cumulative Pocket Part; 1967 General Acts, p. 1600. The court sentenced defendant to eight years in the penitentiary and denied probation. Judgment entered accordingly and this appeal follows.

The alleged assault occurred at a night spot…