Stephens v. State

Carley, Judge.

Appellant was indicted, tried and convicted of aggravated assault upon a police officer. He appeals from the judgment of conviction and sentence entered on the jury verdict.

Appellant was stopped by a police officer because of erratic driving. After appellant, appearing to be under the influence of alcohol, stated he did not have a driver’s license, the police officer attempted to effect an arrest. Appellant struggled with the officer, who was hit with his own nightstick. A chase ensued and the officer drew his gun, but, because a crowd had gathered, reholstered it. Another…