DIXON, Justice.
Sylvester Kirklin was tried under a bill of information charging him with simple battery. R.S. 14:35. He was convicted after trial before a judge and sentenced to serve six months in the parish prison. This case is before us on a writ of certiorari.
The facts as disclosed by the record are as follows:
During the evening of December 22, 1972 Horace Swafford, Leroy Jackson and their wives were present in an eating and drinking establishment...
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