Prater v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Floyd superior court — Judge Wright. March 3, 1915.
1Opinion of the Court
'Wade, J.
• 1. The charge in the indictment, that the assault was made with a shotgun, and that it was “a weapon likely to produce death,” was sufficiently proved by showing the wounds, how they were made, and that the weapon used was in fact a shotgun, and was loaded with shot. Turner v. State, 57 Ga. 107.
2. A ’conviction 'of assault with intent to murder, based on either direct or circumstantial evidence, may be upheld although no particular motive for the commission of the offense is apparent and the jury may be unable to determine from the evidence what the defendant’s motive really was.…
2Cases cited2 opinions
- Sterling v. StateSupreme Court of Georgia · 1892
- Turner v. StateSupreme Court of Georgia · 1876
3Cited by5 opinions
- Pennington v. StateCourt of Appeals of Georgia · 1968
- Bearden v. StateCourt of Appeals of Georgia · 1970
- Boyd v. StateCourt of Appeals of Georgia · 1992
- Hurt v. StateCourt of Appeals of Georgia · 1916
- Pennington v. StateCourt of Appeals of Georgia · 1968