Johnson v. State
127 Ga. 277 | Ga. | 1907
An accusation against A, for the offense of assault and battery, charged that said defendant “did unlawfully and with force and arms assault and beat the person of one‘[B] with a pocket-knife.” The undisputed evidence showed that A tore B’s clothes and held him with his left hand, but did not strike him with a knife, nor attempt to sti’ike him with the knife, which was in his right hand. Eeld, that the evidence did not authorize a finding that the defendant was guilty of the offense of assault and battery; and the court erred in refusing to grant the writ of certiorari prayed for on this ground. Fulford v. State, 50 Ga. 591.
Judgment reversed.
