119 Ga. 566 | Ga. | 1904
(after stating the foregoing facts.) The defendant was charged with assault with intent to murder, but found guilty of the lesser offense of stabbing. On a careful examination of the evidence we are forced to the conclusion that there was evidence sufficient to sustain the verdict. Nor can a new trial be granted
Mere inequality in size and strength will not authorize the1 smaller combatant to resent the blow by stabbing the assailant. The charge of the court was in accordance with the ruling in Floyd v. State, 36 Ga. 91. Compare Malone v. State, 77 Ga, 768 (6); Hinch v. State, 25 Ga. 699 (2).
We find no error in the other charges excepted to.
Judgment affirmed.