Court of Criminal Appeals of Alabama October 1, 1975, 7 Div. 277 (Sweat v. State)

lead-opinion

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted on August 22, 1972, on the charge of assaulting Willard Westcott, a peace officer of the city of Centre, Alabama, with a deadly weapon to-wit: a pistol. It is charged in the indictment that said officer at the time of the assault was engaged in the active discharge of his lawful duty.