Beavers v. StateBeavers v. State
- Reporters:
- , ,
- Before:
- Simpson
The appellant Avas conAdcted of the offense of an assault Avith a rock upon the persоn of one John F. Anderson. The evidence introducеd by the state tends to prоve the charge in the indictment. According to the defendant’s own testimony he invited and brought on the difficulty, and “slаpped dOAvn” John F. Anderson, avIio was a man 74 years оf age, and slapped him again, after the old man had shoAvn that he Avas unablе or utiAvilling to resent his assault.
The questions to the defendant, on cross-examinatiоn, as to his seeing Anderson’s Avife and Fannie Corbet, werе only introductory to the mаin question as to defendаnt’s making offensive, remarks аbout said Anderson, Avhich questiоn could Avork no injury to defеndant, as he ansAvered it in the negative.
There Avas nо reversible error in ovеrruling the objections to thе question to the Acitness Fannie Corbet, as they Avere merely introductory questions, for the pur*7pose оf asking the main question as tо Avh ether the defendant mаde a certain remark to Anderson’s wife, which question the witness was not allowеd by the court to answer.
Thеre Aras no error in admitting the testimony of the witness Andersоn as to his physical condition at the time of the diffiсulty, as it was a circumstance which the jury might well take into consideration in determining the amount of the fine, if defendant should be found guilty. !
The judgment of the court is affirmed.
Tyson, C. J., and Haralson and Denson, JJ., concur.