Fountain v. York

Hill, Justice.

This appeal arises from the denial of a writ of habeas corpus. On application, this court found probable cause to allow the appeal.

On July 14,1973, a fracas occurred in the parking lot of a restaurant, referred to by some witnesses as a beer joint, in Rabun County. Thomas Fountain was indicted for aggravated assault upon Horace Holcomb by use of a deadly weapon described in the indictment as a night stick.

At trial, the jury was authorized to find that Fountain fired several shots at Holcomb and then beat him with a club, breaking Holcomb’s arm. The trial judge charged the jury…