Beasley v. State

Jordan, Presiding Judge.

The defendant, under an indictment of assault with intent to murder, to the effect that on February 25, 1969, he did assault the victim with a pistol and did shoot him, with the intent to murder, was convicted of the offense of shooting at another. His motion for new trial having been overruled, he appeals from the judgment of conviction and sentence. Held:

1. The substantive criminal law involved is that in effect before July 1, 1969. The court did not err in failing to instruct the jury on assault and battery as a lesser offense. Ridley v. State, 53 Ga. App. 220 (185…