Williams v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Parker. Appling superior court. January 2, 1906. The accused was placed upon trial on an indictment charging him with the offense of assault with intent to murder, and was convicted. He assigns error upon the refusal of the judge to grant him a new trial.
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Indictment for assault with intent to murder. Before Judge Parker. Appling superior court. January 2, 1906. The accused was placed upon trial on an indictment charging him with the offense of assault with intent to murder, and was convicted. He assigns error upon the refusal of the judge to grant him a new trial. There was evidence tending to establish that the accused boarded a railway train, and when the conductor asked him for his ticket he replied he had none, and the conductor demanded his fare, at the rate of four cents a mile; that the accused said he had not been in the habit of…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) It is complained that the court failed to charge the jury in reference to the law of a simple assault, and also failed to give them a form of verdict appropriate to such an offense. Under the evidence the accused was either guilty of an assault with intent to murder or he was guilty of no offense at all; and this assignment o'f error is therefore without merit. The judge charged the jury: “Mere preparation to commit a crime, without any purpose to carry out the crime, that is without any undertaking to commit it, of course would not constitute the offense…
2Cited by5 opinions
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- Reeves v. StateCourt of Appeals of Georgia · 1973
- Riddle v. StateCourt of Appeals of Georgia · 1978