Legal Opinion

Fallon v. State

Court of Appeals of Georgia

Decided February 16, 1909No. 1637PublishedCited by 37 opinions

Indictment for assault with intent to murder, from Chatham superior court- — -Judge Charlton. December 28, 1908. The defendant was indicted for assault with intent to murder, and convicted of shooting at another.

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Indictment for assault with intent to murder, from Chatham superior court- — -Judge Charlton. December 28, 1908. The defendant was indicted for assault with intent to murder, and convicted of shooting at another. The evidence for the State was, that he and the prosecutor were engaged in a conversation at the prosecutor’s house, relating to the latter’s refusal to let him see a girl who was in the house; that the conversation was friendly; that the prosecutor, wholly unarmed and without doing anything .provocative even in the slightest degree, turned to walk away, when the defendant fired at…

1Opinion of the CourtPowell, J.

(After stating the foregoing facts.)

A verdict of shooting at another is not a legal finding;, where the evidence demands the conclusion that the defendant was either guilty of assault with intent to murder or was not guilty at all. Chester v. State, 3 Ga. App. 332 (59 S. E. 843); Coney v. State, 101 Ga. 582 (28 S. E. 918); Tyre v. State, 112 Ga. 224 (37 S. E. 374); Kendrich v. State, 113 Ga. 759 (39 S. E. 286). To state the proposition a little differently, a person is guilty of the statutory offense of shooting at another when he, without justification, shoots at another, without the'…

2Cases cited15 opinions

  1. Cumming v. StateSupreme Court of Georgia · 1896
  2. Gallery v. StateSupreme Court of Georgia · 1893
  3. Patterson v. StateSupreme Court of Georgia · 1890
  4. Hanvey v. StateSupreme Court of Georgia · 1882
  5. Kendrick v. StateSupreme Court of Georgia · 1901

10 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Frank v. StateSupreme Court of Georgia · 1914
  2. Spence v. StateCourt of Appeals of Georgia · 1910
  3. Beasley v. StateCourt of Appeals of Georgia · 1967
  4. Pennington v. StateCourt of Appeals of Georgia · 1968
  5. Ripley v. StateCourt of Appeals of Georgia · 1910

32 more not listed; retrieve them via the Exa API.

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