Blaine v. State

Appellant was convicted of an assault and battery under 2 Miss. Code 1942, Section 2011, Code 1930, Section 787, the relevant provisions of which are as follows: “. . . any . . . assault and battery . . . with any . . . means or force likely to produce death . . . in resisting . . '. any officer . . . lawfully attempting to arrest . . . any other person . . . ’ ’ The assault was inflicted upon the town marshal of McCool while attempting to arrest one Sullivan.

The assignments of error include the refusal to give a peremptory charge, as to which we need say only that the testimony presented an…