Jackson v. State

Townsend, Judge.

While the evidence authorized, it did not demand, the conclusion that the defendant had a specific intent to murder so as to make him guilty of the offense of assault with intent to murder rather than the lesser offense of assault and battery as a matter of law. The indictment specifically charged a beating by charging that the defendant did “hit and beat” the prosecutrix with a car jack, and the evidence also showed a beating. Under these- circumstances, whether there was an intent to kill is for the jury. As stated in Patterson v. State, 85 Ga. 131, 133 (11 S. E. 620, 21 Am.…