Anderson v. State

1. Where one charged with assault with intent to murder is convicted of assault and battery, any errors in the charge of the court on the law of assault with intent to murder are harmless. Luke v. State, 41 Ga. App. 313, 314 (4) (152 S. E. 907). Special ground 2, numbered 5, of the motion for a new trial is without merit.

2. Where, in such a case, the defendant introduces no evidence and the theory of self-defense is raised only by his statement to the jury, the trial court does not err, in the absence of a timely written request, in failing to charge upon “reasonable fears” as a phase of the…