Payne v. State

For convenience and brevity, the plaintiff in error will be referred to as defendant, as in the court below.

The defendant was convicted in the district court of Payne county on a charge] of assault and battery with a deadly weapon while resisting the execution-of legal process, and his punishment fixed at imprisonment in the peni tentiary for a term of 2 years. The record discloses that the defendant was wanted for an assault and battery alleged to have been committed in Payne county. He was arrested at thei town of Cushing by the police officers, held in the city jail over night and the next…