Hill v. State
Supreme Court of Georgia
Criminal law. Indictment. Attempts. Penalty. Before Judge Knight. Cherokee Superior Court. February Adjourned Term, 1874. J ohn Hill was indicted for the offense of incestuous fornication. The jury found him guilty of an attempt to commit the crime charged.
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Criminal law. Indictment. Attempts. Penalty. Before Judge Knight. Cherokee Superior Court. February Adjourned Term, 1874. J ohn Hill was indicted for the offense of incestuous fornication. The jury found him guilty of an attempt to commit the crime charged. He moved in arrest of judgment upon the following grounds: 1st. Because the jury could not, under the pleadings in this case, find the defendant guilty of anything more or less than what was charged in the indictment. 2nd. Because the law prescribed no penalty for an attempt to commit incestuous fornication. The motion was overruled and…
1Opinion of the Court
McCay, Judge.
1. The Code, in terms, section 4675, provides that in all cases, the jury may,.if the evidence justify it, find the accused guilty of “the attempt,” when the indictment charges the actual commission of an offense. Perhaps this general provision does not-apply to cases where the attempt is, by express words, made a defined offense; but we can see no meaning to the general words of this section, unless it be as we have said, and doubtless, the general provisions of section 4712, purporting to fix the penalty for all attempts, according to the dignity of the actual crime, was drawn…
2Cited by14 opinions
- Knight v. StateSupreme Court of Georgia · 1979
- Johnson v. StateSupreme Court of Georgia · 1930
- Glustrom v. StateSupreme Court of Georgia · 1950
- Riley v. GarrettSupreme Court of Georgia · 1963
- Wood v. StateSupreme Court of Georgia · 1963
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