Battle v. State

Battle was indicted for an assault with intent to murder, and found guilty of unlawfully shooting at another. His motion for new trial was overruled and he excepted.

The prosecutor testified that he and the defendant lived next door to each other on an alley or back street, in Macon, Georgia; that there is a picket fence around the house of the defendant about four and one-half feet high; that the front porch of the defendant’s house was standing on about a level with the fence, which was only a few feet away; that they had some words; that the defendant threw a brick at the prosecutor, who in…