Bryant v. State

Atkinson, Justice.

1. The principle announced in the first head-note has been so often ruled in this court, that it does not require further elaboration.

2. The indictment under which the plaintiff in error was tried does not appear in the record; but from the statements concerning the same which we find there, it may be assumed that it was an ordinary indictment for assault and battery committed upon a given day in the county of Fulton, by the defendant upon a child therein named. Upon the trial of the case, it appears that the witnesses for the State *105testified to the commission of a battery…