Clark v. State
Supreme Court of Georgia
Indictment, for assault with intent to murder, from Habersham Superior Court. Decided'by Judge James Jackson. October Term, 1852. This was an indictment for an assault with intent to murder, in the usual form, charging the offence to have been committed on the 6th day of November, 1845. The bill was found October Term, 1848. On trial of the cause, the Jury returned a verdict of “ guilty of an assault and battery, of a very aggravated character.”
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Indictment, for assault with intent to murder, from Habersham Superior Court. Decided'by Judge James Jackson. October Term, 1852. This was an indictment for an assault with intent to murder, in the usual form, charging the offence to have been committed on the 6th day of November, 1845. The bill was found October Term, 1848. On trial of the cause, the Jury returned a verdict of “ guilty of an assault and battery, of a very aggravated character.” Whereupon, defendant moved the Court in arrest of judgment, on the following grounds: 1. Because the indictment shows on its face, that the offence…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The defendant was indicted for an assault with intent to murder, and on the trial for that offence, before the Petit Jury, he was found guilty of an assault and battery only. The defendant relied on the Statute of Limitations, as a part of his defence; and the question is, whether the Statute protects him, according to the facts disclosed by the record. The 35th section of the 14th division of the Penal Code, declares that the in*352didment for the offence with which the defendant is charged shall be found, and filed in the proper Court, within…
2Cited by19 opinions
- Goldin v. StateSupreme Court of Georgia · 1898
- State v. JonesSupreme Court of Georgia · 2001
- Trowbridge v. StateSupreme Court of Georgia · 1885
- Letcher v. StateSupreme Court of Alabama · 1909
- Wall v. StateSupreme Court of Georgia · 1886
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