HILL, Justice.
This appeal arises from the denial of a writ of habeas corpus. On application, this court found probable cause to allow the appeal.
On July 14, 1973, a fracas occurred in the parking lot of a restaurant, referred to by some witnesses as a beer joint, in Rabun County. Thomas Fountain was indicted for aggravated assault upon Horace Holcomb by use of a deadly weapon described in the indictment as a night stick.
At trial, the jury was authorized...
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