Martin v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder, from Liberty superior court — Judge Seabrook. November 16, 1908. The plaintiff in error was indicted for assault with intent to murder, and was convicted of the statutory offense of shooting at another. The indictment charged that he made an assault upon Hicks Moody and Allen Henry by shooting at them with a gun.
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Indictment for assault with intent to murder, from Liberty superior court — Judge Seabrook. November 16, 1908. The plaintiff in error was indicted for assault with intent to murder, and was convicted of the statutory offense of shooting at another. The indictment charged that he made an assault upon Hicks Moody and Allen Henry by shooting at them with a gun. From the evidence it appears, that while in a buggy, driving along a country road, about dark, he overtook Allen Henry and Hicks Moody, who were walking, and, on being hailed by him, Moody stopped his buggy, and a conversation took place…
1Opinion of the CourtHill, C. J.
1. The fact that the name of a witness for the State, on the back of the indictment, was erased and the word “dead” written opposite the erased name, and that the indictment in this condition was given to the jury, does not constitute reversible error, especially where it does not appear when the erasure was made and the word “dead” written, or that, by the exercise of due diligence, the condition of the indictment could not have been discovered by the defendant or his counsel and the attention of the court called to it during the progress of the trial.
2. All reasonable latitude should be…
2Cases cited1 opinion
- Johnson v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
3Cited by5 opinions
- Cammons v. StateCourt of Appeals of Georgia · 1939
- Kornegay v. StateCourt of Appeals of Georgia · 1985
- Byrd v. StateCourt of Appeals of Georgia · 1949
- McLeod v. StateCourt of Appeals of Georgia · 1918
- Kornegay v. StateCourt of Appeals of Georgia · 1985