Scott v. State

CATES, Judge.

This is an appeal from a conviction of assault with a pistol, a misdemeanor. Code 1940, T. 14, § 33. Scott was fined $50.00 to which the trial judge added 90 days hard labor with suspension of sentence during good behavior for twenty-four months. Holman v. State, 43 Ala.App. 509, 193 So.2d 770.

The facts are simple; they either tend to exonerate or to convict. Under familiar principles, we must take that version which upholds the verdict below.

*151Briefly, Scott went to the home of one Charles Harrington and presented a pistol. Thereupon, whilst holding the gun on his victim, he…