BOWEN W. SIMMONS, Retired Circuit Judge.
An indictment against appellant charged him with unlawfully assaulting Edward Wilburn with a deadly weapon, "at which time the said Edward Wilburn was engaged in the active discharge of his lawful duty or duties as a Deputy Sheriff for Morgan County, Alabama." Appellant, with the aid of an accomplice, was attempting to escape from jail. A jury convicted "as charged" and the court fixed punishment at fifteen years imprisonment...
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