
    Miller v. The State.
    Submitted May 21,
    Decided July 3, 1906.
    Accusation of stabbing. Before Judge Willis. City court of Columbus. April 7, 1906.
    
      Peter Preer, for plaintiff in error.
    
      PL. H. Swiff, solicitor, and L. G. Slade, contra.
   Atkinson, J.

1. The testimony of the prosecutor that he was “cut” and “stabbed” with a knife by the defendant was sufficient to authorize the jury in finding that there was in fact such penetration as would constitute the offense of stabbing. See Ward v. State, 56 Ga. 409.

2. The evidence being sufficient to support the verdict, the discretion of the court below in refusing a new trial will not be disturbed.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.  