Yaughan v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Crawford superior court — Judge Mathews. January 5, 1921. A ground of the motion for a new trial is that the court omitted to charge the jury that the burden is upon the State to prove the defendant’s guilt beyond a reasonable doubt, and that this burden is not shifted until the State has proved such guilt beyond a reasonable doubt.
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Indictment for assault with intent to murder; from Crawford superior court — Judge Mathews. January 5, 1921. A ground of the motion for a new trial is that the court omitted to charge the jury that the burden is upon the State to prove the defendant’s guilt beyond a reasonable doubt, and that this burden is not shifted until the State has proved such guilt beyond a reasonable doubt. Another ground is that because of the omission so to charge in immediate connection with certain instructions on the presumption of innocence, the court erred in those instructions. The instructions referred to…
1Opinion of the CourtLuke, J.
The defendant was convicted of the offense of assault with intent to murder. The evidence authorized the jury to believe that the defendant, while drunk, struck the prosecutor on the head and told her that he was going to kill her, and that as she was leaving his premises he fired at her twice in rapid succession with a pistol loaded with cartridges, and that the balls in the cartridges passed close to her head. There was ample evidence to support the verdict.
• The charge of the court was fair and full, and was not subject to any of the assignments of error. Eor no reason assigned was it…
2Cited by2 opinions
- Cone v. StateSupreme Court of Georgia · 1942
- Wright v. StateCourt of Appeals of Georgia · 1980