
    Moore vs. The State of Georgia.
    [Warner, Chief Justice, bang engaged in presiding over the ssenate organized as a couit of impeachment, did not sit in this case.]
    1. Where a nurse left the home of a child two years old with the child, and on her return with it the child bore marks on its person of having been severely whipped, the child being sound and well and free from all such marks when carried out by the nurse, the evidence to the effect above stated is sufficient to support a verdict of guilty of assault and battery against the nurse, and the charge of the court having presented the law of circumstantial evidence fully and correctly to the jury, that verdict will be upheld.
    2. In such a case a request to charge ‘‘that the absence of a motive for the commission of the crime charged upon the part of defendant is a circumstance that the jury may.consider as favorable to defendant in determining her guilt or innocence,” was properly refused, especially as the court fully charged the presumption of innocence and the burden upon the state fully to make out the case beyond a reasonable doubt and with evidence so strong as to exclude every other reasonable hypothesis but the guilt of defendant.
   Jackson, Justice.  