Wilbourne v. State

Birdsong, Presiding Judge.

James Stanton Wilbourne appeals his conviction of two counts of simple battery and one count of battery. The conviction was by the trial court sitting without a jury.

Appellant was arrested after he and Cheryl Bartimore got in a fight at appellant’s house. Only two witnesses testified: the arresting officer and appellant. Appellant testified that he and Bartimore had been drinking; that Bartimore started the fight at about 4:00 p.m. by hitting him on the head and throwing an ashtray; that Bartimore was a “fighter,” he tried to restrain her from tearing up the house,…