Farris v. State
Supreme Court of Georgia
Assault, with intent to Murder. In Marion Superior Court. Tried before Judge Wokrill. September Term, 1866. The plaintiff in error was found guilty and sentenced to the penitentiary for ten years. He made no motion in the Court below for a new trial. His counsel argued to the jury that they were judges of the law as well as of the facts, but did not request the Court so to chaf-ge, and the Court gave no charge on that subject.
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Assault, with intent to Murder. In Marion Superior Court. Tried before Judge Wokrill. September Term, 1866. The plaintiff in error was found guilty and sentenced to the penitentiary for ten years. He made no motion in the Court below for a new trial. His counsel argued to the jury that they were judges of the law as well as of the facts, but did not request the Court so to chaf-ge, and the Court gave no charge on that subject. The errors assigned in the Supreme Court are, that the verdict was contrary to evidence and 'the weight of evidence ; that the Court did not give in charge the several…
1Opinion of the CourtWalkee, J.
[1.] BTo motion for a new trial having been made in the Court below, this Court cannot consider whether the verdict was contrary to the evidence or the weight of evidence or not.
[2.] The third ground of error complained of is, that the Court did not give in charge the several grades of homicide. In looking into the hill of exceptions, we are satisfied that the Court charged upon the several grades of homocide so far as the facts in the case were applicable. This is all ¿hat was necessary. Keener vs. The State, 18 Ga. R. 230.
[3.] The omission of the Court to give in charge the latter portion…
2Cited by5 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Jung v. StateSupreme Court of Georgia · 1976
- Richardson v. StateSupreme Court of Georgia · 1883
- Evans v. StateCourt of Appeals of Georgia · 1942
- Sanders v. StateSupreme Court of Georgia · 1890