Wilkerson v. State

The defendant had no legal right to take the mules from the possession of the witness, Cora Knight, by force, and if, as the evidence offered by the state tends to show, defendant in order to gain possession of the mules, laid hands on the witness in a rude, rough, or angry manner and thrust her aside, he is guilty of an assault and battery.—Jacobi v. State, 133 Ala. 8, 32 South. 158; Murdock v. State, 65 Ala. 520.

■ The fact that the defendant had in his possession a mortgage on these mules and was acting as agent of another to take them, afforded no justification or excuse for committing a…