RUARK, Presiding Judge.
The appellant was charged by information, "(Based upon the affidavit of Kelley Sallee)," with common assault in that he did "in a rude, and insolent manner, unlawfully touch and assault" the said Kelley Sallee. He was convicted by a jury in Ozark County; and, the jury being unable to agree upon a verdict, the court fixed his punishment at a fine of twenty-five dollars.
At about the time defendant's counsel filed his brief, the defendant...
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