MOREMEN, Justice.
Appellant, Ernest Senters, was found guilty of the crime of assault and battery and his punishment was fixed at confinement in jail for six months and a fine in the amount of $1,000.
On January 16, 1954, a rainy, misty night, George Baute and his wife were walking along the right hand side of U.S. Highway 25E when he was struck from the rear, hurled a distance of about thirty feet and injured. His wife was unhurt. The couple testified that...
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