
    226.
    Rogers v. The State.
    Accusation of assault and battery, from city court of Blakely — ■ Judge Jordan. January 11, 1907.
    Submitted March 20,
    Decided March 28, 1907.
    
      R. H. Sheffield, for plaintiff in error.
    
      Walter G..Parle, solicitor, contra.
   Hill, C. J.

1. An objection to an accusation, on the ground that it was based on a defective affidavit, must be made by demurrer or motion in arrest of judgment. Such objection furnishes no reason for granting a new trial. Rucker v. State, 114 Ga. 13; Boswell v. State, Id. 40.

2. As the defect urged against the accusation is apparent from the record, the motion suggesting diminution of the record in order to have the affidavit sent up will not be granted. Stubbs v. State, ante, 504.

3. The evidence authorized the verdict. Judgment affirmed..  