Thomas v. State
Supreme Court of Georgia
Before Judge Miller. Bibb superior court. April term, 1892. Indictment for assault with intent to murder. After conviction the accused moved for a new trial which was denied. The grounds of the motion, and the material facts of the case, are stated in the head-notes and opinion of the court.
1Opinion of the Court
Bleckley, Chief Justice.
1. If the accused was drunk, his drunkenness was voluntary, and was, therefore, no excuse. Code, section 4310. The jury would know whether, under all the circumstances, the intoxication would throw any light on intention to kill, and there being no request to charge on the subject, the omission to do so was not error. Certainly it was not error as against the accused. Generally a drunken man would not be less likely to intend his shot to kill than a sober one, but rather more so.
2. The evidence indicates that the offence for which the policeman was endeavoring to…
2Cases cited6 opinions
- Johnson v. StateSupreme Court of Georgia · 1860
- Roberts v. StateSupreme Court of Missouri · 1851
- Rafferty v. PeopleIllinois Supreme Court · 1873
- Johnson v. Mayor of AmericusSupreme Court of Georgia · 1872
- Harrell v. StateSupreme Court of Georgia · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Perdue v. StateSupreme Court of Georgia · 1910
- Wall v. StateSupreme Court of Georgia · 1922
- State v. RousseauWashington Supreme Court · 1952
- Mullis v. StateSupreme Court of Georgia · 1943
- Porter v. StateSupreme Court of Georgia · 1905
34 more not listed; retrieve them via the Exa API.