Ward v. State

Bleckley, Judge.

1. So far as mere pleading is concerned, an indictment for stabbing would serve as a basis of conviction for assault, or assault and battery: 25 Georgia Reports, 396. But is either of these minor offenses practically in issue, where the evidence is clear and uncontradicted that the act of stabbing was complete, and that there was no assault or battery other than as perpetrated by stabbing, and included within the necessary constituents of that offense ? In the present case, it is clear beyond all possible doubt, that if there was no stabbing there was no assault and no…