Whittemore v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Whitfield superior court — Judge Tarver. November 6, 1920. Under an indictment which charged assault with intent to murder by shooting Headrick with a pistol, Whittemore was convicted of the offense of shooting at another.
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Indictment for assault with intent to murder; from Whitfield superior court — Judge Tarver. November 6, 1920. Under an indictment which charged assault with intent to murder by shooting Headrick with a pistol, Whittemore was convicted of the offense of shooting at another. From the evidence it appeared that Munroe Smith and Headrick — a policeman not in uniform' — -were walking in a street together at night, when the defendant’s sister, Mrs. Hill, was seen running towards them, followed by the defendant; that Smith wheeled and ran back; that she ran past Headrick, and that the defendant…
1Opinion of the CourtLuke, J.
Under the evidence for the State and the defendant’s statement, the jury were authorized to convict him of shooting at another. Their verdict has the approval of the trial judge. For no reason assigned did the court err in refusing to admit testimony as complained of, or in the conduct of the trial, or in charging the jury. See Beddingfield v. State, 13 Ga. App. 623 (79 S. E. 581). It was not error to overrule the motion for a new trial.
Judgment affirmed.
Broyles, O. J., and Bloodworth, J., concur. The court, on objection of the prosecuting attorney, excluded testimony of the defendant’s…
2Cases cited1 opinion
- Beddingfield v. StateCourt of Appeals of Georgia · 1913