Wallace v. State
Supreme Court of Georgia
Indictment for assault to murder. Before Judge Griggs. Bibb superior court. April term, 1894. Wallace was found guilty of stabbing, and his motion for a new trial was overruled. The defense relied solely on the code, §4302. The testimony showed, that about half past ten o’clock at night the defendant went to the house of a woman and told her he wanted to see her. ■She said, “I am sick to-night; don’t bother me.”
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Indictment for assault to murder. Before Judge Griggs. Bibb superior court. April term, 1894. Wallace was found guilty of stabbing, and his motion for a new trial was overruled. The defense relied solely on the code, §4302. The testimony showed, that about half past ten o’clock at night the defendant went to the house of a woman and told her he wanted to see her. ■She said, “I am sick to-night; don’t bother me.” He said, “You ain’t much sick,” and commenced to play with her, catching hold of her, etc. He had a pocketknife open in his hand. She told him to go away, but he continued to do as…
1Opinion of the Court
*470 Judgment affirmed.
The court charged the jury: “If you believe from the evidence in this case, beyond a reasonable doubt, that this defendant stabbed this woman as charged in the bill of indictment, and that he did it intending to stab her and that he was not justified in so doing; or, that he did not intend to stab her but that it happened through negligence on his part, which you believe to be criminal negligence, then your verdict ought to be, guilty of stabbing.” Also, that if the jury believed, beyond a reasonable doubt, that defendant struck the blow that inflicted the wound alleged to…
2Cited by5 opinions
- Rawls v. StateSupreme Court of Georgia · 1925
- Baker v. StateCourt of Appeals of Georgia · 1953
- Bennett v. StateCourt of Appeals of Georgia · 1964
- Ray v. StateCourt of Appeals of Georgia · 1950
- Curry v. StateSupreme Court of Georgia · 1918