DYER, Justice.
The defendant, John D. Roberts, was convicted of assault and battery in the General Sessions Court of Madison County and fined $15.00. Defendant in this court went to trial upon a plea of not guilty having waived his right to indictment and trial by jury under Sections 40-118 and 40-423, T.C.A.
Under Section 40-426, T.C.A. any person so convicted as defendant herein in a Court of General Sessions may appeal to the Court having criminal jurisdiction...
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