Hardy v. State

Smith, O. J.,

delivered the opinion of the court.

This is an appeal from a conviction for the violation of section 788, Code 1930.

The evidence presents a case for the determination of the jury, including the credibility of the witness, J ake Windham, and no reversible error, if error at all, appears in the rulings complained of.

One contention of the appellant is that, under the State’s evidence, he is not guilty of the crime defined by section 788, Code 1930, but only of a simple assault and battery. That section reads as follows: “If any person assault and beat another with a cowhide, whip, or…