101 Ga. App. 81 | Ga. Ct. App. | 1960
Ordinarily an indictment which sets out an offense in the language of the statute is sufficient. An assault is an attempt to commit a violent injury on the person of another. Code § 26-1401. “Assault and battery may be committed by striking another with an automobile intentionally, or by driving the machine so recklessly as to justify a jury in finding that there was a reckless disregard of human life and safety.” Tift v. State, 17 Ga. App. 663 (1) (88 S. E. 41); Dennard v. State, 14 Ga. App. 485 (81 S. E. 378). In Wright v. State, 166 Ga. 1 (1) (141 S. E. 903) it was held that an indictment for murder alleging that the defendant did kill and murder one Baker by “running a certain Ford automobile driven by him against and onto said Baker,” thereby inflicting wounds from which he died, was not -subject to demurrer. In Martin v. State, 98 Ga. App. 136 (105 S. E. 2d 250) an indictment of the
The special ground of the motion for new trial contends that the court should even in the absence of request have charged the law relating to circumstantial evidence. Counsel for both sides in their briefs seem to go on the assumption that the issue here is whether there is any direct evidence that the defendant was intoxicated. However, this defendant was not on trial for driving while under the influence of intoxicants, but he was on trial for assaulting a pedestrian by driving in such a criminally negligent manner as to hit and injure him. His intoxication at the time is accordingly irrelevant except as it explains the manner in which he was driving. From the facts testified to by eyewitnesses, the defendant had already topped the crest of the hill, passed two wrecked automobiles partially blocking the road, two or three wreckers also partially or wholly within the road, and was threading his way through a crowded area where people were constantly crossing and recrossing the highway. For him to drive his car in such manner under these conditions, although the speed of his vehicle was not shown, and to hit two persons
The trial court did not err in overruling the demurrer to the indictment and the motion for new trial.
Judgment affirmed.