Jose Cruz, accused of felonious farting for passing gas at a cop, no longer faces a battery charge in West Virginia, where this sorta’ thing evidently happens from time to time.

The Kanawha County prosecutor’s office requested that the charge be dropped against Cruz who still faces driving under the influence and other charges.

Reportedly Cruz let the stinker after being refused permission to go to the restroom after being taken to the police station for a Breathalyzer test.

Hold your nose and read it at Battery charge dropped in flatulence case.