Wilson v. State
Supreme Court of Georgia
Criminal law. Assault with intent to murder.- Before Judge Strozer. Mitchell Superior Court. May Term, 1874. Wilson was placed on trial for an assault with intent to commit murder, alleged to have been committed on April 3d, 1873, upon the person of one Solomon Davis. The jury found 1 him “guilty of an attempt to make assault.” A motion in arrest of judgment was made upon the ground that there was no such crime. The motion was overruled, and defendant excepted.
1Opinion of the Court
McCay, Judge.
We are not clear that, under the evidence, the jury could have found the defendant guilty of even an assault. True, he presented his gun, but he announced an intention to shoot only, on condition, and we are inclined to think it was a con*206dition lie had a right to impose. He was at his own house, and it does not clearly appear that the persons at the gate had any right to interfere with what was going on in the house. Be this as it may, the jury have not found any verdict for an assault. Plainly and in terms, they say they find him guilty .of attempt to make an assault. The…
2Cited by18 opinions
- Kirkpatrick v. James M.California Supreme Court · 1973
- Watson v. StateSupreme Court of Georgia · 1902
- Allen v. PeopleSupreme Court of Colorado · 1971
- State v. DavisSupreme Court of New Hampshire · 1967
- Alexander v. StateCourt of Appeals of Georgia · 1942
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