Gallery v. State
Supreme Court of Georgia
Indictment for assault with, intent to murder. Before Judge Bartlett. Bibb superior court. November term, 1892. Gallery was convicted of assault with, intent to murder Graven, and a new trial was refused.
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Indictment for assault with, intent to murder. Before Judge Bartlett. Bibb superior court. November term, 1892. Gallery was convicted of assault with, intent to murder Graven, and a new trial was refused. In the motion therefor error is assigned on the following portions of the charge of the court, as well as upon those quoted in the first head-note: “ The law presumes that a man intends to do the reasonable results of Ms act; and if a man kill another by violence, and notMng more is shown, the law presumes that to be done with malice and to be murder; and if a man assault another with a…
1Opinion of the Court
Judgment reversed.
“ The law presumes that a man intends to do the reasonable results of Ms act; and if a man kill another by violence, and notMng more is shown, the law presumes that to be done with malice and to be murder; and if a man assault another with a weapon likely to produce death, intending to kill him or not caring whether he kills him or not, then that would be the malice under the law. If a man shoot in a crowd with a pistol loaded, although he may not intend to hit any particular person, that would be malice under the law. If a man assault another -without provocation with a…
2Cited by58 opinions
- Dunagan v. StateSupreme Court of Georgia · 1998
- Coleman v. StateSupreme Court of Georgia · 1914
- Myrick v. StateSupreme Court of Georgia · 1945
- Fallon v. StateCourt of Appeals of Georgia · 1909
- Biegun v. StateSupreme Court of Georgia · 1950
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