Rider v. State

Evans, Judge.

The evidence shows that the defendant beat his victim about the head and face with a wooden hammer, hitting him on the ear, the cheek, and arm; the hammer was one used “to beat out car tops with.” The assault was on August 2, 1969, and on the date of trial, which was on August 28, 1969, the victim was still suffering from the effects of the battery. His eye and his ear were both affected. Several days after the beating there.was a big blue place on his ear and elsewhere on his face or nose. The victim testified that when *679he was hit, he fell backwards on the bed, but soon got up,…