O'QUINN v. State

Whitman, Judge,

concurring specially. 1. I concur in Division 1 of the opinion.

2. Division 2 of the opinion deals with enumeration of error No. 1 and refers to Bracewell v. State, 10 Ga. App. 830 (74 SE 440). This case involved an accusation of the offense of affray and not for the offense of assault and battery. These are separate and distinct offenses, the offense of affray being that defined and punishable under Code § 26-5303. Moreover, the Bracewell case, decided when the Court of Appeals consisted of three judges, was a decision by only two of the judges, the third judge not…