Legal Opinion

Giddens v. State

Court of Appeals of Georgia

Decided July 28, 1920No. 11588PublishedCited by 2 opinions

Indictment for assault with intent to murder; from Harris superior court — Judge Howard. May 3, 1920. ° The ground of the motion for a new trial referred to in paragraph 1 of the decision is: “Because the court erred in charging the jury as follows: 'All essentials of murder, save killing, must exist before one may be convicted of the offense of assault with intent to murder; and, in considering the instructions of the court on the subject of assault with intent to murder,…

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Indictment for assault with intent to murder; from Harris superior court — Judge Howard. May 3, 1920. ° The ground of the motion for a new trial referred to in paragraph 1 of the decision is: “Because the court erred in charging the jury as follows: 'All essentials of murder, save killing, must exist before one may be convicted of the offense of assault with intent to murder; and, in considering the instructions of the court on the subject of assault with intent to murder, you should view the transaction as if death had ensued at the time.’ The error in the foregoing charge consists in the…

1Opinion of the CourtBroyles, C. J.

1. The excerpt from the charge of the court complained of in the special ground of the motion for a new trial, when considered in connection with the other portions of the charge set out in that ground, contains no reversible error.

2. The other grounds of the motion for a new trial, not having been argued in the brief of counsel for the plaintiff in error, are treated as abandoned.

Judgment affirmed.

Luke and Bloodworth, JJ., concur. Hardy & Peavy, for plaintiff in error,

cited: 90 Ga. 691; 92- Ga. 463; 106 Ga. 368; 125 Ga. 11; 9 Ga. App. 291 (1); 10 Ga. App. 831; 12 Ga. App. 540; 1 Ga. App.…

2Cases cited10 opinions

  1. Gilbert v. StateSupreme Court of Georgia · 1893
  2. Lanier v. StateSupreme Court of Georgia · 1899
  3. McAllister v. StateCourt of Appeals of Georgia · 1910
  4. Wimberly v. StateCourt of Appeals of Georgia · 1913
  5. Adams v. StateSupreme Court of Georgia · 1906

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

3Cited by2 opinions

  1. Kirkland v. StateCourt of Appeals of Georgia · 1942
  2. Dumas v. StateCourt of Appeals of Georgia · 1920

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