Spurlin v. State

Luke, J.

The defendant was indicted for the offense of assault and battery. The prosecutor testified that without provocation the defendant struck him, and, in addition to having hit him with a rock, pulled out his whiskers, “ and it hurt mighty bad.” The defendant stated that the prosecutor cursed him, and that he picked up a rock and threw it at the prosecutor, but missed him, and that the prosecutor was “making” at him with a stick, and when “ I saw that he was coming on me, I reached around with my right-hand, and pulled out his whiskers.”

There being evidence to authorize the verdict, it was not error to overrule the motion for a new trial, which was based only on the usual general grounds.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.