Collier v. State
Supreme Court of Georgia
Assault with intent to murder. Tried before Judge Clark. Dougherty Superior Court. December Term, 1868. Jake Collier, a negro, was indicted and convicted of an assault, with an intent to murder Jesse Williams, another negro. The circumstances of the shooting, as detailed by Williams, were as follows: — Jake came into the cotton patch, where Jesse was picking cotton, and said to him, “I am after you.” Jesse ran off a piece.
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Assault with intent to murder. Tried before Judge Clark. Dougherty Superior Court. December Term, 1868. Jake Collier, a negro, was indicted and convicted of an assault, with an intent to murder Jesse Williams, another negro. The circumstances of the shooting, as detailed by Williams, were as follows: — Jake came into the cotton patch, where Jesse was picking cotton, and said to him, “I am after you.” Jesse ran off a piece. Jake said, “ Come back, I won’t hurt you; if you run, I will shoot you.” Jesse came back; and Jake said, “If you stand, I will whip you.” Jesse came back a little way, and…
1Opinion of the CourtMcCay, J.
1. We see no error in the charge of the Court. The law is put fairly, both for and against the prisoner, according to the facts as they appear in the record.
2. We see nothing in the testimony to mitigate this of-fence ; nothing favorable to the prisoner that the charge of the Judge excluded from the consideration of the jury. It is true, that after the deed was done, the prisoner appeared very sorry. Perhaps he was; and this is evidence, as far as it goes, of want of express malice. But it is no evidence at all rebutting that malice which the law presumes from reckless trifling with human…
2Cited by20 opinions
- Carrigan v. StateSupreme Court of Georgia · 1950
- Myrick v. StateSupreme Court of Georgia · 1945
- Patterson v. StateSupreme Court of Georgia · 1890
- Hall v. BrowningSupreme Court of Georgia · 1943
- Huntsinger v. StateSupreme Court of Georgia · 1945
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