Wallis v. State

W. J. HARALSON, Supernumerary Circuit Judge

The appellant was convicted of an assault with a deadly weapon upon a police officer of the City of Jasper, Alabama, § 374(20), Title 14, Code of Alabama 1940, Recompiled 1958, and sentenced to seven years imprisonment in the penitentiary.

The substance of the evidence offered by the State is correctly set out in the statement of facts in brief for the Appellee as follows:

“On Saturday, September 18, 1971, at approximately 1:20 A.M. officers Capps, McClellan and Britain were in the radio room of the Jasper Police Station when they heard two gun shots.…