Holland v. State

Appellant was convicted of the offense of assault and battery, and his imnishment fixed at the assessment of a fine against him of $300. Code 1923, § 3299.

The theory of the state, as we gather, is that the assault and battery were committed upon the person of one John C. Hughes, a deputy sheriff, who was, at the time, undertaking to arrest appellant, without a warrant, for the offense of public drunkenness (Code 1923, § 3883) being committed in the presence of said officer (Code 1923, § 3263).

Appellant strenuously denied that he was drunk, etc., at the time, and denied assaulting, etc., said…