... Assault Case(Continued From Page 1A)berly tried to punch him and missed and a scuffle broke out between the two.As the two scuffled in the yard, Yount said a crowd formed around the pair and Wimberly was shouting for help from the others. He said he handcuffed Wimberly to a fence and went to his car to radio for additional patrolmen. He said by that time “the situation was out of hand.”Yount said rocks and bottles were being thrown by persons standing around the house and he fired his shotgun in the air.Under questioning from defense attorney Franklin D. Beattie, Yount said he hit Wimberly with the butt of his shotgun while he was cuffed to the fence because Patrolman Owens was having difficulty getting both of Wimberly’s hands cuffed. Yount said Wimberly appeared to be “highly intoxicated” and continued to use profanity.Wimberly later testified that he did not curse the officers. He said he was standing near a tree in the yard when someone in the crowd yelled at the officer. He said Yount then placed him under arrest. Wimberly said during the figbt Owens hit him with a flashlight and later Yount hit him in the head withthe butt of his shotgun while he had one hand cuffed to the►fence.The owner of the house, Mrs. Lelia Billingsly, testified that Yount hit her on the hand while she attempted to break the fight up, breaking three of her fingers.