Sweat v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted on August 22, 1972, on the charge of assaulting Willard Westcott, a peace officer of the city of Centre, Alabama, with a deadly weapon to-wit: a pistol. It is charged in the indictment that said officer at the time of the assault was engaged in the active discharge of his lawful duty. The trial court imposed a sentence of fourteen years imprisonment in the penitentiary. Judgment was entered therefor, and this appeal is from said judgment.

On October 29, 1974, this Court granted the State’s motion to dismiss the…