Legal Opinion

Gaskins v. State

Court of Appeals of Georgia

Decided December 21, 1912No. 4527PublishedCited by 13 opinions

Indictment for assault with, intent to murder; from Berrien superior court—Judge Thomas. October 12, 1912. The accused was convicted of assault with intent to murder W. D. ’ Buie. The trial judge disregarded the jury’s recommendation that he be punished as for a misdemeanor, and sentenced him to'a term of six years in. the penitentiary. His motion for a new trial was overruled, and he excepted.

1Opinion of the CourtPottle, J.

1. This is the second appearance of this ease in this court. The accused was convicted of the same offense at a previous term of Berrien superior court, and the judgment overruling his motion for new trial was reversed, because the trial *98judge failed to charge the law relating to the statutory offense of shooting at another. 11 Ga. App. 13 (74 S. E. 555). It was held 'by this court that upon the record then presented, the evidence would have authorized a verdict of assault with intent to murder, but that inasmuch as the evidence would also have authorized a conviction of the statutory offense…

2Cases cited4 opinions

  1. Echols v. StateSupreme Court of Georgia · 1900
  2. Guthrie v. StateSupreme Court of Georgia · 1906
  3. Lawler v. FrenchSupreme Court of Virginia · 1905
  4. Gaskin v. StateCourt of Appeals of Georgia · 1912

3Cited by13 opinions

  1. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  2. Griffin v. StateCourt of Appeals of Georgia · 1913
  3. Cason v. StateCourt of Appeals of Georgia · 1914
  4. Taylor v. StateCourt of Appeals of Georgia · 1914
  5. Norris v. StateCourt of Appeals of Georgia · 1929

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