Bonner v. State
Court of Appeals of Georgia
Conviction of assault with intent to murder; from Baldwin superior court — Judge Park. September 29, 1920. On the ground that “there was no evidence to show that the weapon was a weapon likely to produce death, ” and no evidence that the defendant shot at the prosecutor, the defendant excepted to instructions referred to in paragraph 5 of the decision, which were to the effect that the jury would be authorized to convict the defendant if he discharged a certain gun or pistol…
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Conviction of assault with intent to murder; from Baldwin superior court — Judge Park. September 29, 1920. On the ground that “there was no evidence to show that the weapon was a weapon likely to produce death, ” and no evidence that the defendant shot at the prosecutor, the defendant excepted to instructions referred to in paragraph 5 of the decision, which were to the effect that the jury would be authorized to convict the defendant if he discharged a certain gun or pistol at the prosecutor, and if the weapon was a weapon likely to produce death, etc. According to the prosecutor’s…
1Opinion of the CourtBloodworth, J.
1. Under the facts of this case the court did not err in charging on circumstantial evidence.
2. The judge did not express or intimate his opinion as to “what has or has not been proved, or as to the guilt of the accused, ” by instructing the jury that they “would be authorized to convict him whether such conviction depended upon direct or circumstantial evidence in the case, provided you are satisfied of his guilt beyond a reasonable doubt. ”
3. A correct principle of law is stated in the following excerpt from the charge: “In order to convict the defendant of the offense of assault with…
2Cases cited6 opinions
- Hanvey v. StateSupreme Court of Georgia · 1882
- Marshall v. StateSupreme Court of Georgia · 1877
- Dickens v. StateSupreme Court of Georgia · 1912
- Paulk v. StateCourt of Appeals of Georgia · 1911
- Estes v. StateSupreme Court of Georgia · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Callahan v. StateCourt of Appeals of Georgia · 1978
- Cutts v. StateCourt of Appeals of Georgia · 1952
- Thaxton v. StateCourt of Appeals of Georgia · 1954
- Emerson v. StateCourt of Appeals of Georgia · 1954
- Pierce v. StateCourt of Appeals of Georgia · 1977
1 more not listed; retrieve them via the Exa API.