Martin v. State

Banke, Presiding Judge.

The appellant was convicted of cruelty to children (OCGA § 16-5-70) based on evidence that he had attacked and beaten a six-year-old child. He filed this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the evidence was insufficient to support his conviction in that it failed to establish that the offense was committed in the manner alleged in the indictment. The indictment charged that the appellant did “maliciously cause [the child] *487cruel and excessive physical pain by slapping him, pulling him off the bed by the hair of the…