Stewart v. State

OPINION

Appellant, Larry Gene Stewart, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Cleveland County, Case No. CRM-73-1524, for the offense of Assault and Battery Upon a Police Officer, in violation of 21 O.S.1971, § 649. His punishment was fixed at thirty (30) days in the County Jail and a fine of Five Hundred ($500.-00) dollars. P'rom said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial the State’s evidence adduced that on the evening of December 4, 1973, Ben Rosser, an off-duty Norman Patrolman, was…