114 Ga. 77 | Ga. | 1901
Burt Penny was indicted for an assault, 'and it was charged against him that he did attempt to commit a violent injury upon one J. C. Smalley. On the trial of the case the following facts were shown: On a certain night in February, 1901, between seven and eight o’clock, three men drove up in a buggy and stopped in front of Smalley’s house. One of these (Penny) got out of the buggy, went to the house, and knocked at the door. He replied to an inquiry made by one of Smalley’s daughters at the door, and who asked him what he wanted: “ I want a drink of water, by God.” He was then directed to go away. About that time Smalley came to the door and told Penny to go away, and on his. failure to do so Smalley pushed Penny off the steps and out of the gate. Penny, after getting outside the gate, was discovered by a witness to have a rock in each hand, and he (Penny) then made the remark: “ You girls get out of the way. I don’t wantf) to hurt you adding that the old man was the one he was after, and using, in connection with his reference to Smalley, very indecent and reprehensible language. Penny did not throw the rocks,
Judgment reversed.