Rutherford v. State
Court of Appeals of Georgia
Certiorari, from Ben Hill superior court — -Judge 'Whipple. October 20, 1908. The plaintiff in error was convicted of an assault. He excepts to the overruling of his petition for certiorari, which' was based on the ground that there was no evidence to support the -verdict,! and upon an additional ground not verified. The evidence for the prosecution, briefly stated, is as follows: The prosecutor testified: “I met the defendant on Pine street in Fitzgerald.
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Certiorari, from Ben Hill superior court — -Judge 'Whipple. October 20, 1908. The plaintiff in error was convicted of an assault. He excepts to the overruling of his petition for certiorari, which' was based on the ground that there was no evidence to support the -verdict,! and upon an additional ground not verified. The evidence for the prosecution, briefly stated, is as follows: The prosecutor testified: “I met the defendant on Pine street in Fitzgerald. When I met him he had a brick in his hand and immediately began cursing me.. He said, ‘You God damn bastard, what, did you-beat and choke…
1Opinion of the CourtHill, C. J.
1. While a mere threat or menace to commit a violent injury upon the person of another is not sufficient to constitute an assault, yet where the threat or menace is accompanied by an apparent attempt to commit such an injury, and its consummation is prevented, either by the act of the person upon whom the assault is threatened or by the interposition of a third person, the violence has commenced and- the assault is complete.
2. The evidence in this case is sufficient to authorize the finding of the jury that the defendant apparently intended a present assault upon the person of the prosecutor,…
2Cases cited1 opinion
- Thomas v. StateSupreme Court of Georgia · 1896
3Cited by12 opinions
- Riddle v. StateCourt of Appeals of Georgia · 1978
- Hall v. BrowningSupreme Court of Georgia · 1943
- Harrison v. StateCourt of Appeals of Georgia · 1939
- Davis v. StateCourt of Appeals of Georgia · 1933
- Quaker City Life Insurance v. SutsonCourt of Appeals of Georgia · 1960
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