Dotson v. State

Bell, Chief Judge.

Defendant was convicted of theft by taking a pistol alleged to be of a value of more than $100 and of aggravated assault with a deadly weapon. Held:

1. The state by its evidence showed that defendant assaulted a police officer with the latter’s pistol by pointing and firing the pistol at him during a physical struggle and then fled taking the pistol. The defendant testified in his own behalf that the officer in attempting to handcuff him caused defendant to fall with the policeman on top and then the pistol discharged. He denied pointing the gun at the officer. The defendant…