Pierce v. State

289 So.2d 901 (1974)

Frank PIERCE

v.

STATE of Mississippi.

No. 47701.

Supreme Court of Mississippi.

February 4, 1974.

Barnett & Brooks, Carthage, for appellant.

A.F. Summer, Atty. Gen. by Pete J. Cajoleas, Sp. Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice:

Frank Pierce was tried in the Circuit Court of Leake County upon a charge of assault and battery upon John Calvin Smith, a deputy sheriff of that county, with intent to kill and murder him. Pierce was convicted and sentenced to serve three years in the penitentiary. He appeals.

Smith, with another Leake County deputy sheriff and an officer…