Brooking v. State

In Kennedy v. State, 10 Ga. App. 794 (74 S. E. 95), this court, citing a number of cases to support the proposition, held: “The accused having been indicted for the offense of assault and battery, and the evidence demanding a finding that if any offense at all was committed, it was that of .an unlawful battery, there could be no conviction of simple assault.” See Penal Code *50(1910), § 19; Harris v. State, 3 Ga. App. 457 (60 S. E. 127); Carter v. State, 7 Ga. App. 44 (1) (65 S. E. 1072); Fronebarger v. State, 27 Ga. App. 607 (109 S. E. 512).

This case is controlled by the rulings in the…