Patterson v. State
Supreme Court of Georgia
Criminal law. Charge of court. ■ Malice. Presumptions. Before Judge Richard H. Clark. Pulton superior court. September term, 1889. Indictment for assault with intent to murder,' and conviction. • The defendant’s motion for a new trial was overruled, and he excepted.
1Opinion of the Court
Blandford, Justice.
The main error assigned by the plaintiff in error in this case is, that the court erred in charging the jury as. follows: “You have heard, gentlemen of the jury, the evidence as to the sort of weapon the assault was made with; and if you believe that it was a weapon in its nature and of a sort that was likely to produce death, then the law presumes that that assault was made with the intent to murder. I say the law presumes; that is, the law raises the presumption, from the use of a weapon likely to jiroduce death, that it was done with the intent to murder. And if you…
2Cases cited14 opinions
- Roberts v. PeopleMichigan Supreme Court · 1870
- People v. ScottMichigan Supreme Court · 1859
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Kunkle v. StateIndiana Supreme Court · 1869
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3Cited by43 opinions
- Gaynok v. Travelers InsuranceCourt of Appeals of Georgia · 1913
- Whippler v. StateSupreme Court of Georgia · 1962
- People v. MacIelCalifornia Court of Appeal · 1925
- Fallon v. StateCourt of Appeals of Georgia · 1909
- State v. TaylorSupreme Court of Vermont · 1896
38 more not listed; retrieve them via the Exa API.