Legal Opinion

Davis v. State

Court of Appeals of Georgia

Decided November 27, 1912No. 4238PublishedCited by 4 opinions

Indictment for assault with, intent to murder; from Cobb superior court — Judge Morris. March 12, 1912.

1Opinion of the CourtRussell, J.

1. The defendant was indicted for assault with intent to murder, and was convicted of assault and battery. The evidence demanded the verdict; and any errors in the charge of the court were immaterial, because they were not prejudicial to the accused.

2. Upon the trial of one accused of an offense in the perpetration of which malice is an essential ingredient, evidence as to the conduct and sayings of the accused shortly after he made the assault may be admissible to characterize the quo animo with which the deed was committed.. Revel v. State, 26 Ga. 275; Johnson v. State, 88 Ga. 203 (14 S. E.…

2Cases cited2 opinions

  1. Revel v. StateSupreme Court of Georgia · 1858
  2. Johnson v. StateSupreme Court of Georgia · 1891

3Cited by4 opinions

  1. Jones v. StateCourt of Appeals of Georgia · 1921
  2. Strickland v. StateCourt of Appeals of Georgia · 1976
  3. Price v. StateSupreme Court of Georgia · 1928
  4. Owens v. StateSupreme Court of Georgia · 1927

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