1. Under the decision in Pitts v. State, 25 Ga. App. 31 (102 S. E. 381), and the facts of the instant case, the judge, sitting, by consent of both parties, without the intervention of a jury, was authorized to find the accused guilty of the offense of an assault.

2. The motion for a new trial contained the usual general grounds only, and its denial was not error.

Judgment affirmed.