Harris v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder, from Catoosa superior court- — Judge Eite. October 17, 1907.
1Opinion of the CourtPowell, J.
The defendant was indicted for an assault with intent to murder, alleged to have been committed upon the prosecutor by striking him with an iron weight. According to the testimony, the only assault made by the defendant was the striking of the prosecutor with the weight. The defendant did not deny the battery, but pleaded justification. The jury found the defendant .guilty of a bare assault.
“An assault is an attempt to commit a violent injury on the person of another.” “A bare assault is a misdemeanor.” “Battery is the unlawful beating of another, and is a misdemeanor.” Penal Code, §§95, 96,…
2Cases cited5 opinions
- Johnson v. StateSupreme Court of Georgia · 1853
- Welborn v. StateSupreme Court of Georgia · 1902
- Harris v. StateSupreme Court of Georgia · 1897
- Felton v. StateSupreme Court of Georgia · 1876
- Nichols v. StateSupreme Court of Georgia · 1883
3Cited by8 opinions
- Diamond v. StateCourt of Appeals of Georgia · 1972
- Brooking v. StateCourt of Appeals of Georgia · 1924
- Carter v. StateCourt of Appeals of Georgia · 1909
- Fronebarger v. StateCourt of Appeals of Georgia · 1921
- Webb v. StateCourt of Appeals of Georgia · 1980
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