Isom v. State
Supreme Court of Georgia
Criminal law. Verdict. Motion m arrest of judgment. Before Judge Bower. Dougherty superior court. October term, 1888. The defendant excepted to the overruling of his motion in arrest of judgment on the following ground: Because there is no charge in the bill of indictment that the stabbing was done “ not in his own defence or other circumstances of justification,” nor is it so stated in the verdict, as the court directed that it should be done, in the event the jury found a…
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Criminal law. Verdict. Motion m arrest of judgment. Before Judge Bower. Dougherty superior court. October term, 1888. The defendant excepted to the overruling of his motion in arrest of judgment on the following ground: Because there is no charge in the bill of indictment that the stabbing was done “ not in his own defence or other circumstances of justification,” nor is it so stated in the verdict, as the court directed that it should be done, in the event the jury found a verdict of guilty of stabbing, and as required by law.
1Opinion of the Court
Bleckley, Chief Justice.
The indictment had but a single count. It charged the offence of assault with intent to murder, by cutting and stabbing with a razor, or other sharp instrument to the jurors unknown. The verdict was, “ We, the jury, find the defendant guilty of stabbing.” Should the motion in arrest of judgment have been sustained ?
Section 4369 of the code reads as follows : “ Any person who shall be guilty of the act of stabbing another, except in his own defence or other circumstances of justification, with a swoi’d, dirk or knife, or other instrument of the like kind, shall, on…
2Cases cited6 opinions
- Arnold v. StateSupreme Court of Georgia · 1874
- Elkins v. StateSupreme Court of Georgia · 1853
- O'Connell v. StateSupreme Court of Georgia · 1875
- Couch v. StateSupreme Court of Georgia · 1859
- Welch v. StateSupreme Court of Georgia · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lanier v. StateCourt of Appeals of Georgia · 1909
- Rumph v. StateSupreme Court of Georgia · 1903
- Kidd v. StateCourt of Appeals of Georgia · 1911
- Livingston v. StateCourt of Appeals of Georgia · 1909
- Ferguson v. StateCourt of Appeals of Georgia · 1907
4 more not listed; retrieve them via the Exa API.