Legal Opinion

Roberts v. State

Supreme Court of Georgia

Decided August 15, 1847No. 48PublishedCited by 71 opinions

Indictment for an assault with intent to murder. Tried before Judge Floyd. In Bibb Superior Court. May Term, 1847. The prisoner was convicted, and sentenced to four years’ hard labour in the Penitentiary. The defence set up on the trial, was mainly, the insanity of the prisoner.at the time of the commission of the dffence charged.

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Indictment for an assault with intent to murder. Tried before Judge Floyd. In Bibb Superior Court. May Term, 1847. The prisoner was convicted, and sentenced to four years’ hard labour in the Penitentiary. The defence set up on the trial, was mainly, the insanity of the prisoner.at the time of the commission of the dffence charged. The bill of indictment alleged the assault to have been made upon one John Knight, in .the county of Bibb, on the 18th day of May, 1847. Mrs. Maria Julian, the first witness sworn for the State, testified, that she was in the school room, and heard the prisoner come…

1Opinion of the Court

By the Court.

Nisbet, J.,

delivering the opinion.

[1.] This writ of error is founded on a refusal of the Court below to grant a new trial. The 1st and 2d grounds may be considered together. A new trial was asked by the prisoper, 1st, because the jury found a verdict contrary to the testimony, and 2d, because they found against the weight of the evidence. The first seems to assume that the evidence was all in favour of the prisoner, and needs only to be noticed so far as to say, that the record denies this very plainly. The assault was directly proven — the prisoner deliberately aiming and…

2Cases cited2 opinions

  1. Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
  2. Respublica v. BobSupreme Court of the United States · 1795

3Cited by71 opinions

  1. Parsons v. StateSupreme Court of Alabama · 1886
  2. Mann v. StateSupreme Court of Georgia · 1906
  3. Johnson v. StateSupreme Court of Georgia · 1970
  4. State v. LewisNevada Supreme Court · 1889
  5. Cunningham v. StateMississippi Supreme Court · 1879

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