Hill v. State
Supreme Court of Georgia
Criminal law. Assault and battery. Charge of Court. Before Judge Clark. City Court of Atlanta. April Term, 1879. Hill was placed on trial for assault and battery. The evidence made substantially the case presented by the opinion. The jury found him guilty.
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Criminal law. Assault and battery. Charge of Court. Before Judge Clark. City Court of Atlanta. April Term, 1879. Hill was placed on trial for assault and battery. The evidence made substantially the case presented by the opinion. The jury found him guilty. He moved for a new trial upon the following grounds : 1. Because said verdict was contrary to law, and contrary to the evidence. 2. Because the court erred in refusing to charge the jury as to the animus of the accused, as follows : “ If he (the accused) did it (throwing and hitting prosecutor with a rock at school) in sport, as rough…
1Opinion of the Court
Bleckley, Justice.
According to the evidence, a company of boys attending school were all out in the yard and most of them were engaged in playing. One (Willie Love by name) did not wish to play. An attempt was made by some,of his fellows to force him into the sport, as was customary in dealing with a reluctant boy. One Richardson pulled him away from the fence. Love shoved Richardson off. The latter then threw a rock and Love dodged it. Whilst Love was in the act of rising from the position which he had taken to evade this blow, Willie Hill, the accused, threw a rock, and Love, not seeing it,…
2Cases cited5 opinions
- Studstill v. StateSupreme Court of Georgia · 1849
- Hall v. StateIndiana Supreme Court · 1858
- Graves v. StateWisconsin Supreme Court · 1860
- Parker v. StateSupreme Court of Georgia · 1866
- Pennaman v. StateSupreme Court of Georgia · 1877
3Cited by16 opinions
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- State v. WyattSupreme Court of Georgia · 2014
- Brown v. StateCourt of Appeals of Georgia · 1938
- Morris v. StateCourt of Appeals of Georgia · 1933
- Cuthbert v. StateCourt of Appeals of Georgia · 1908
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