Hollis v. State

1. One accused of stabbing can lawfully be convicted of assault and battery, where there is evidence of an assault and battery independently of the stabbing. Whilden v. State, 25 Ga. 396 (71 Am. D. 181); Reeves v. State, 74 Ga. 375; Sessions v. State, 115 Ga. 22 (41 S. E. 259). In the present case the fact that the accused struck the prosecutor was established by his own statement as well as by the testimony of the prosecutor. According to the defendant’s statement he struck the prosecutor with his fist. According to the prosecutor the blow was struck with the jaws of a knife-handle. In…