
    7245.
    Walton v. The State.
    Decided April 17, 1916.
    Accusation of assault and battery; from city court of Floyd county — Judge Nunnally. December 20, 1915.
    
      L. H. Covington, W. B. Mebane, for plaintiff in error..
    
      O. H. Porter, solicitor, contra.
   Broyles, J.

1. The two requests to charge were properly refused by the court. The first one contained a clear expression of opinion that the assault charged had been committed by the defendant; and the other incorrectly stated the law upon the subject of assault and battery.

2. The verdict was authorized by the evidence, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Russell, G. J., absent.  