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SUMMERS v. STATE

37535.

99 Ga. App. 183 (1959)

108 S.E.2d 140

SUMMERS v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied February 25, 1959.

Attorney(s) appearing for the Case

George G. Finch, Joe R. Edwards, for plaintiff in error.

Paul Webb, Solicitor-General, Carter Goode, Eugene L. Tiller, contra.

CARLISLE, Judge.

1. Where the defendant was charged with murder of his infant male child by striking and beating him with his hands and fists, and by striking and beating him with a man's leather belt, and by striking him and beating him with some blunt instrument which was to the grand jurors unknown, inflicting upon the child mortal wounds from which he died, such indictment included the offense of assault and battery (Lanier v. State, 50 Ga.App. 154...

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