49 Ga. App. 13 | Ga. Ct. App. | 1934
The defendant was convicted of the offense of assault and battery upon the prosecutrix, Mrs. Ludie Crumby.
The prosecutrix testified in part that the defendant came to her home on Sunday, the day alleged in the indictment, “I was lying on the bed getting my baby to sleep, and he come in and asked where Jesse and Everett was. I told him they was gone to the field, and told him there was a chair. He drug the chair closer to the bed and sat down a minute or two and went to the window; the bed was kind of at the window and I was lying in the window, and he got up and went to the window and looked towards his home. I thought he was going to spit, but he didn’t; he went back and sat down in the chair and says, ‘You thought I was going to sit down on the bed with you, didn’t you?’ I says, ‘No, sir!’ He says, ‘I will.’ I says, ‘You wont.’ He says, ‘I will.’ I says, ‘I’ll knock
Mrs. Beatty, a neighbor, testified: that she lived about fifty yards-from the prosecutrix, Ludie Crumby; that she ’“saw Luclie that day pretty late in the afternoon, she came showed me her wrist. She showed me her wrist, they were just as red as they could be, nothing but her wrists; they looked angry, like they had been bruised or something; that was some time in the afternoon.” She further testified, “My feelings toward Mr. Hunt [defendant] couldn’t be good.”
The defendant claimed that “it all originated out of him [the husband of the prosecutrix] whipping my mule”; that he had threatened on 'Monday to prosecute the husband of the prosecutrix, who was a tenant on his place, for beating one of his mules; that on Wednesday the prosecutrix had him indicted for assault and battery upon her, alleging the same to have occurred on the previous Sunday; that he had never assaulted her, had always been nice to her, had never said a word out of the way to her in his life, had never bothered her, nor had he ever laid hands on her; that there was not a word of truth in the charge against him.
Our Code defines an assault as “an attempt to commit a violent injury on the person of another,” and defines a battery as “the unlawful beating of another.” Penal Code (1910), §§ 95, 103. “To
The testimony of the witnesses for the State, if believed by the jury, would authorize them to find that the advances of the defendant were amatory and lascivious; that the imposition of the hands upon the prosecutrix was against her will; that it was unlawful and constituted an assault and battery under the law. “He took the risk of not meeting with a responsive feeling in her, and must abide all the consequences of the disappointment.” Goodrum v. State, supra.
There is no substantial merit in the special grounds of the motion for a new trial. The evidence-sufficiently supported the verdict. The judge has approved the findings of the jury.
Judgment affirmed.