Kennedy v. State
10 Ga. App. 794
Ga. Ct. App.
1912
Check Treatment
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. *795State, 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.