MIZE v. STATE

50600.

135 Ga. App. 561 (1975)

218 S.E.2d 450

MIZE v. THE STATE.

Court of Appeals of Georgia.

Decided September 2, 1975.


Attorney(s) appearing for the Case

Robinson, Harben, Armstrong & Millikan, Sam S. Harben, Jr., Kennedy, Bussey, Sampson & Spaulding, Benjamin W. Spaulding, for appellant.

Douglas E. Smith, Solicitor, for appellee.


DEEN, Presiding Judge.

1. The defendant was convicted under an accusation couched in the language of Code § 26-1304 (b): "A person commits simple battery when he... (b) intentionally causes physical harm to another." The evidence showed that the prosecutrix, her husband and others were standing in line at a restaurant when she was "grabbed in the side," "grabbed firmly," "squeezed" and "pinched." It is contended that these acts fail to show physical harm.

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