Corbitt v. State

CARR, Presiding Judge.

The accused was charged and convicted of the offense of assault and battery. Title 14, Sec. 33, Code 1940.

Mrs. Willie Hall testified that in July 1949 at about nine o’clock P.M. the appellant came to her home and while there struck her two severe blows with his fist. The daughter of the prosecutrix testified to like effect.

The defendant admitted going to the home, but he said' it was about sundown. He denied striking the lady or in any manner committing an assault.

The general affirmative charge was not requested. Neither was a motion for a new trial filed. In this state…