Gaddis v. State

Nichols, Presiding Judge.

1. The defendant’s amended motion for new trial assigns error on the court’s failure to charge on assault and battery, it being the defendant’s contention that the lesser crime was included in the greater (assault with intent to rob).

The evidence adduced on the trial of the case showed that the defendant and two others, the co-indictees, went to the service station in question together and while there one of the defendant’s co-indictees struck the attendant on the head with a tire tool. According to one of the co-indictees, it was the plan for one of the three to…