1. The conviction of the defendant in the mayor’s court, under a municipal ordinance, for disturbing the peace, will not protect the accused from a subsequent prosecution by the state for assault and battery, though the same transaction be involved in both cases. 59 Ga., 168.

'2 The charge was not erroneous; it neither expressed nor intimated an opinion on the facts, but stated hypothetically that if certain facts were proved, they would constitute assault and battery.