Smith v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Martin. Pulaski superior court. June 21, 1906. Grant Smith, Hardy Moss, Carroll Daniel, and Monroe Smith were indicted for the murder of Will Gilbert, by shooting him with guns and pistols.- Grant Smith was tried separately, and was convicted of assault with intent to murder. His motion for a new trial was overruled, and he excepted.' Two witnesses testified on the trial.
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Indictment for murder. Before Judge Martin. Pulaski superior court. June 21, 1906. Grant Smith, Hardy Moss, Carroll Daniel, and Monroe Smith were indicted for the murder of Will Gilbert, by shooting him with guns and pistols.- Grant Smith was tried separately, and was convicted of assault with intent to murder. His motion for a new trial was overruled, and he excepted.' Two witnesses testified on the trial. One of them testified, that he saw Gilbert after the shooting, and found that he was shot in two places; that a pistol ball had shot through his arm, and he had a large gunshot wound in…
1Opinion of the CourtAtkinson, J.
This case should not be confused with the proposition that an indictment for the greater will authorize a conviction for a less offense, where the averments in the indictment are sufficiently broad, as was held in Smith v. State, 126 Ga. 544. That is not the question.' We are confronted with a different proposition altogether. The defendant was on trial under an indictment which charged him and others with a criminal design to take the life of the person slain. Evidence was introduced tending to show that the defendant unlawfully shot at the person slain, with a pistol, and his fire was…
2Cases cited4 opinions
- Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872
- Smith v. StateSupreme Court of Georgia · 1906
- Davis v. StateSupreme Court of Arkansas · 1885
- Jackson v. StateSupreme Court of Georgia · 1891
3Cited by9 opinions
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
- Fudge v. StateSupreme Court of Georgia · 1940
- Head v. StateCourt of Appeals of Georgia · 1943
- Walker v. StateSupreme Court of Georgia · 1911
- Baynes v. StateSupreme Court of Georgia · 1910
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