PATTERSON v. STATE

168 So. 223 PATTERSON v. STATE. 8 Div. 178. Court of Appeals of Alabama. April 7, 1936. Rehearing Stricken May 5, 1936. Fred S. Parnell, of Florence, for appellant. A. A. Carmichael, Atty. Gen., for the State. [MAJORITY — SAMFORD, Judge.] SAMFORD, Judge. According to the evidence on behalf of the state, this defendant, while being arrested by a police officer of the city of Florence on a charge of being drunk and disorderly in the presence of the officer, resisted arrest and in doing so made a murderous assault on the officer. The evidence for defendant tended to prove a justifiable assault, but the question was one for the jury under proper instructions from the court. ’ We have read this record and considered each exception reserved, and nowhere find any error or any necessity for an extended opinion. Let the judgment be affirmed. Affirmed.