Dunn v. State

MacIntyre, P, J.

1. “Objection as to the competency of an infant of tender years to testify as a witness will not be considered when no such objection was made at the trial. The question can not be first raised by a motion for a new trial.” Polk v. State, 18 Ga. App. 324 (5) (89 S. E. 437); Lively v. State, 178 Ga. 693 (1) (173 S. E. 836); Enzor v. State, 63 Ga. App. 79, 81 (10 S. E. 2d, 213); Mills v. State, 104 Ga. 502 (30 S. E. 778).

2. The Code defines an assault as “an attempt to commit a violent injury on the person of another,” and a battery as “the unlawful beating of another.” Code, §§…