Legal Opinion

Wimberly v. State

Court of Appeals of Georgia

Decided April 2, 1913No. 4572PublishedCited by 16 opinions

Indictment for assault with intent to murder; from Houston superior court—Judge Mathews. November 23, 1912.

1Opinion of the CourtRussell, J.

From our view of the evidence in behalf of the State, we are extremely reluctant to set aside the verdict rendered in this case. The jury evidently credited the State’s witnesses, and their testimony presents a plain case of attempted assassination. The charge of the trial judge to the jury is, in most respects, a model one. Indeed, in some features, the instructions of the court were more favorable to the 'accused than he was entitled to have. And still, since the verdict was not demanded, and these instructions were in conflict with other instructions, which are legally incorrect, and of…

2Cases cited8 opinions

  1. Gallery v. StateSupreme Court of Georgia · 1893
  2. Patterson v. StateSupreme Court of Georgia · 1890
  3. Savannah, Florida & Western Railway Co. v. HatcherSupreme Court of Georgia · 1903
  4. Atlanta & Birmingham Air-Line Railway v. McManusCourt of Appeals of Georgia · 1907
  5. Gilbert v. StateSupreme Court of Georgia · 1893

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

3Cited by16 opinions

  1. Jackson v. StateSupreme Court of Georgia · 1969
  2. Reece v. StateCourt of Appeals of Georgia · 1939
  3. Jackson v. StateCourt of Appeals of Georgia · 1937
  4. Tanner v. StateCourt of Appeals of Georgia · 1952
  5. Fulmer v. StateCourt of Appeals of Georgia · 1946

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

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