Bennett v. State

LEIGH M. CLARK, Supernumerary Circuit Judge.

The sole question presented by this appeal is whether the trial court, trying the case without a jury by agreement of both parties, was justified in adjudging defendant guilty of an assault and battery. Defendant had appealed from a conviction in the Criminal Court of Jefferson County, to the Circuit Court, where there was a trial de novo.

Defendant was a bus driver for Birmingham Transit Authority, whose route included streets adjacent to the grounds of the University of Alabama in Birmingham. A sixteen-year-old girl, who was attending the Center…