Fountain v. State

Clark, Judge.

Defendant was indicted for the offense of aggravated assault in that he "did make an assault upon Horace Holcomb with a certain night stick, a deadly weapon.” The jury found defendant guilty of the lesser offense of simple battery, and the trial judge imposed a sentence of twelve months imprisonment. After denial of his motion for a new trial, defendant brings this appeal. Held:

1. Although the general grounds are raised in defendant’s motion for a new trial, this enumeration is neither argued nor supported by citation of authority in defendant’s brief to this court. This…