Mize v. State

Clark, Judge.

This is the third appeal by this appellant from a conviction of simple battery based on a single occurrence. The previous cases are reported in 131 Ga. App. 538 (206 SE2d 530) and 135 Ga. App. 561 (218 SE2d 450). At this third trial substantially the same evidence concerning the offense was presented as is recited in the previous reports. We find three of the five enumerations of error to be meritorious. Therefore we must again reverse for a new trial.

1. The first assignment deals with the charge to the jury wherein the trial court used in totidem verbis language from this…