Martin v. City of Laurel

Citations

• 106 Miss. 357
• 63 So. 670

Syllabus

<p>1. CbimiNAL Law. Assault and battery. Sufficiency of affidavit. Charge of lesser offense.</p> <p>An affidavit charging that defendant “did unlawfully resist an offi- • cer in the discharging of his official duty by throwing and striking affiant, a policeman,- and refusing to ■ submit to arrest, sufficiently .charges an assault and battery.</p> <p>2. Same.</p> <p>Though such affidavit intended to charge the defendant with resisting an officer by means of assault and battery and may not be sufficient to charge that ofíense, yet it does charge an assault and battery, and a conviction thereunder will be treated as a conviction of assault and battery, and where the punishment inflicted was not in excess of that provided for the commission of that crime, the conviction will not be disturbed on appeal.</p>