
    13066.
    SPURLIN v. THE STATE.
    A conviction of assault and battery was authorized by the evidence.
    Decided January 18, 1922.
    Conviction of assault and battery; from Fayette superior court — Judge Searcy. October 15, 1931.
    
      Lester C. Diclcson, for plaintiff in error.
    
      E. M. Owen, solicitor-general, J. W. Culpepper, contra.
   Luke, J.

The defendant was indicted for the offense of assault and battery. The prosecutor testified that without provocation the defendant struck him, and, in addition to having hit him with a rock, pulled out his whiskers, “ and it hurt mighty bad.” The defendant stated that the prosecutor cursed him, and that he picked up a rock and threw it at the prosecutor, but missed him, and that the prosecutor was “making” at him with a stick, and when “ I saw that he was coming on me, I reached around with my right-hand, and pulled out his whiskers.”

There being evidence to authorize the verdict, it was not error to overrule the motion for a new trial, which was based only on the usual general grounds.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.  