Benjamin v. State

Full title: BENJAMIN v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 12, 1965

143 S.E.2d 2 (Ga. Ct. App. 1965)

111 Ga. App. 676

Opinion

41313.

SUBMITTED MAY 4, 1965.

DECIDED MAY 12, 1965.

Assault and battery. Berrien Superior Court. Before Judge Lott.

Elsie H. Griner, for plaintiff in error.

NICHOLS, Presiding Judge.

The defendant was indicated for the offense of assault with intent to rape and convicted of assault and battery. Thereafter, his motion for new trial, based on the usual general grounds only, was overruled and error is now assigned on such judgment adverse to him. Held:

On the trial the prosecutrix testified as to facts which would authorize the conviction under the decisions of Goodrum v. State, 60 Ga. 509 (1), Hunt v. State, 49 Ga. App. 13 ( 174 S.E. 156), and similar cases. The trial court did not err in overruling the defendant's motion for new trial based on the usual general grounds only.

Judgment affirmed. Eberhardt and Pannell, JJ., concur.

SUBMITTED MAY 4, 1965 — DECIDED MAY 12, 1965.