Cunningham v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Candler. Fulton superior court. October term, 1897. Cunningham was indicted for assault with intent to murder, committed by shooting at Stanford with a pistol. After verdict of guilty, a motion for a new trial was overruled, and defendant excepted. The commission of the crime was proved, and the issue of fact was as to whether it was committed by defendant or another.
Read the full summary
Indictment for assault with intent to murder. Before Judge Candler. Fulton superior court. October term, 1897. Cunningham was indicted for assault with intent to murder, committed by shooting at Stanford with a pistol. After verdict of guilty, a motion for a new trial was overruled, and defendant excepted. The commission of the crime was proved, and the issue of fact was as to whether it was committed by defendant or another. The conviction rests upon'numerous circumstances testified to, tending to connect "defendant with the act, together with certain admissions made by him tending to the…
1Opinion of the CourtLumpkin, P. J.
Section 1036 of the Penal Code declares that all felonies, except those specially designated therein, shall be punished as misdemeanors “on the recommendation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial,” and further, that “ If the judge trying the case sees proper, he may, in his punishment, reduce such felonies to misdemeanors.” In Johnson v. The State, 100 Ga. 78, this court held that upon a trial for a felony to which the above-cited section is applicable, it was the duty of the judge to give in charge to the jury its provisions,…
2Cases cited3 opinions
- Blackman v. StateSupreme Court of Georgia · 1888
- Johnson v. StateSupreme Court of Georgia · 1896
- Blackman v. StateSupreme Court of Georgia · 1887
3Cited by2 opinions
- Echols v. StateSupreme Court of Georgia · 1900
- Taylor v. StateCourt of Appeals of Georgia · 1914