Starnes v. State

SIMPSON, Judge.

Appeal from a conviction of assault with intent to murder. One Matchen, night watchman in Guntersville, Alabama, testified that he sought to arrest the defendant on one of the streets of the city, at which time defendant was drunk and cursing his wife; that defendant resisted arrest, knocked him down with a piece of pipe, took his pistol from him, hitting him with it, and then fled the scene. Matchen claims to have received certain injuries. Thus, the trial upon the charge aforesaid.

We deem it. hardly necessary to observe that if ’the defendant, as testified to, was on the…