Kennedy v. State

74 S.E. 95, 10 Ga. App. 794, 1912 Ga. App. LEXIS 693
Court of Appeals of Georgia·Decided March 19, 1912·No. 3942·Published·Cited by 9 cases

Opinion

Pottle, J.

The accused having been indicted for the offense of assault and battery, and the evidence demanding a finding that if any offense at all was committed, it was that of an unlawful battery, there could be no conviction of simple assault. Penal Code (1910), § 19; Kelsey v. [795] State, 62 Ga. 558; Harris v. State, 101 Ga. 530 (29 S. E. 423) ; Welborn v. State, Giles v. State, 116 Ga. 522 (42 S. E. 773).

Decided March 19, 1912. Accusation of assault and battery; from city court of Réidsville —Judge Collins. November 28, 1911. Way & Burkhalter, for plaintiff in error.

Judgment reversed.

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Kennedy v. State, 74 S.E. 95, 10 Ga. App. 794, 1912 Ga. App. LEXIS 693 (Ga. Ct. App. 1912).

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