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Miller
v.
State
v.
State
Supreme Court of Georgia.
Jul 3, 1906.
Published opinion
Peter Preer, for plaintiff in error., PL. H. Swiff, solicitor, and L. G. Slade, contra.
Atkinson.
Published
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.