63 So. 670 | Miss. | 1913
delivered the opinion of the court.
Appellant was convicted in the mayor’s court, and af-terwards on. appeal to the circuit court, upon an affidavit charging that he ‘-‘did unlawfully resist an officer in the discharge of his official duty by throwing and striking affiant, a policeman, and refusing to submit to arrest. ’ ’
It is unnecessary for us to decide, whether it sufficiently charges this offense, for it does sufficiently, though in-artificially, charge the assault and battery, by means of which it was committed, and the conviction therefor must he, upheld as one for that crime. 15 Ency. PL & Prac. 3. The evidence amply supports a conviction of assault and battery, and punishment imposed was not in excess of that provided for the commission of that crime.
Affirmed.