Kelley v. State

BOWEN W. SIMMONS, Retired Circuit Judge.

Appellant-defendant, an indigent here and at nisi prius, entered a plea of not guilty to a two count indictment for intentionally and unlawfully committing an assault with a deadly instrument upon Wilbur Mitchell, a police officer of the city of Andalusia, Alabama, while he was engaged in the actual discharge of his lawful duty or duties. A jury returned a verdict of guilty as charged. The court imposed a sentence of twelve years imprisonment.

Count one charged that the assault was committed with an automobile, while count two alleged the offending…