Brown v. State

.Atkinson, J. — Mere preparation to commit a violent injury upon the person of another, unaccompanied by a physical effort to do so, will not justify a conviction for an assault; and therefore, where the evidence showed that during an altercation between the person alleged to have been assaulted, and two other persons acting in concert, one of the latter picked up a stone but made no attempt to cast it at the former, who was about twenty steps distant, neither of the two persons so acting in concert could be lawfully convicted of an assault.

Indictment for assault. Before Judge Reese. Hart ■superior court. March term, 1894. Brown was convicted of an assault upon Mrs. Ginn. She testified; Brown and a negro boy Baiiey were at work in their field across the public road from my house, which road is the public road leading from Hartwell to Bowman. Bailey and my son Gordon got into a fuss out -about the lot. Gordon came in the house, and because ■of what he told me I went on the veranda and scolded the boys, who were at work over in their field. They both quit work and started towards where I was. I told them to stop. Brown told Bailey to go ahead, he would see him through. Bailey stooped and picked up something and advanced a few steps towards me. I called my husband who was at work near by, and Bailey stopped. He was on the opposite side of the road from me in the field, and about twenty steps from me when be stopped. Brown was a short distance behind him. Brown did not have anything, did not strike me nor attempt to strike me, did not throw anything at me nor attempt to throw anything at me. Bailey did not strike me nor attempt to strike me, nor throw anything at me nor attempt to do so.