
    18864.
    Ashley v. The State.
    Decided June 12, 1928.
    ¿7. L. Stephens, T. E. Hightower, for plaintiff in error.
    
      Fred Kea, solicitor-general, contra.
   Luke, J.

The jury were warranted in concluding from the evidence that the defendant, without sufficient provocation, struck John Rowland hard enough with-a heavy hoe to produce a fracture at the base of his skull. The evidence abundantly supports the verdict of assault and battery, and the court properly overruled the motion for a new trial, based solely upon the general grounds.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.  