Legal Opinion

Livingston v. State

Court of Appeals of Georgia

Decided May 18, 1909No. 1803PublishedCited by 7 opinions

Indictment for assault with intent to murder, from Appling superior court — Judge Parker. March 5, 1909.

1Opinion of the CourtRussell, J.

The plaintiff in error was indicted for assault with intent to murder, and was convicted of unlawfully pointing- and aiming a pistol at another. He moved in arrest of the judgment, upon the ground that the indictment does not contain suffi*209cient allegations, nor sufficiently.specific allegations, to be the basis of the verdict of the jury; and especially that the indictment did not contain an allegation that the pistol was “intentionally” pointed at another not in any sham battle by the military, and not in self-defense, nor in defense of habitation, property, or person. The motion in arrest…

2Cases cited5 opinions

  1. Lanier v. StateCourt of Appeals of Georgia · 1909
  2. Arnold v. StateSupreme Court of Georgia · 1874
  3. Isom v. StateSupreme Court of Georgia · 1889
  4. Jenkins v. StateSupreme Court of Georgia · 1893
  5. Badger v. StateCourt of Appeals of Georgia · 1909

3Cited by7 opinions

  1. Pennington v. StateCourt of Appeals of Georgia · 1968
  2. Fears v. StateCourt of Appeals of Georgia · 1976
  3. Lowery v. StateCourt of Criminal Appeals of Texas · 1916
  4. Livingston v. StateCourt of Appeals of Georgia · 1909
  5. Parsons v. StateCourt of Appeals of Georgia · 1915

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