Davis v. State

Defendant, Roy Davis, was convicted of assault and battery and his punishment fixed at a fine of $200 and a jail sentence of. thirty days.

Defendant and Edward Shipley were separately indicted on charges of felonious assault on each other. They were both tried together by consent and both convicted, but Edward Shipley has not appealed.

It is conceded by the State that Edward Shipley fired the- shots, but the State’s contention is that the parties engaged willingly in a fight in a public place. The fight took place on a public road where Donald Davis, a cousin of defendant, engaged in a fight…