Morgan v. State
Supreme Court of Georgia
Conviction of stabbing. Before Judge Eite.. Whitfield superior court. December 16, 1904. Ballinger and Morgan had a controversy in reference to a note. Ballinger claimed that in the controversy Morgan called him a liar; and that when he replied in kind, Morgan struck him over the shoulder with a knife.
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Conviction of stabbing. Before Judge Eite.. Whitfield superior court. December 16, 1904. Ballinger and Morgan had a controversy in reference to a note. Ballinger claimed that in the controversy Morgan called him a liar; and that when he replied in kind, Morgan struck him over the shoulder with a knife. Morgan insisted that Ballinger called, him a liar, and, when answered in kind, struck at Morgan, who backed, and being feeble as a result of three weeks, confinement in bed, and Ballinger being more powerful, Morgan put his hand in his overcoat pocket and pulled out a knife which had been used…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) The defendant was charged with assault with intent to murder, but found guilty of the lesser offense of stabbing. On a careful examination of the evidence we are forced to the conclusion that there was evidence sufficient to sustain the verdict. Nor can a new trial be granted *568because the judge gave the charge, on the defendant’s statement, similar to that complained of in Hackett v. State, 108 Ga. 46. It is true that this court has said that it would be better in all cases to give in charge the statute and there leave the matter. Hendricks v. State, 73 Ga.…
2Cases cited7 opinions
- Harrison v. StateSupreme Court of Georgia · 1889
- Ozburn v. StateSupreme Court of Georgia · 1891
- Hackett v. StateSupreme Court of Georgia · 1899
- Hendricks v. StateSupreme Court of Georgia · 1885
- Hinch v. StateSupreme Court of Georgia · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cæsar v. StateSupreme Court of Georgia · 1907
- Sims v. StateSupreme Court of Georgia · 1933
- Collins v. StateCourt of Appeals of Georgia · 1941
- Croker v. StateCourt of Appeals of Georgia · 1938
- Grant v. StateSupreme Court of Georgia · 1906
10 more not listed; retrieve them via the Exa API.