Arnold v. State
Supreme Court of Georgia
Criminal law. Verdict. Judgment. Before Judge Bartlett. Baldwin Superior Court. August Adjourned Term, 1873. Arnold was placed upon trial for the offense of assault with intent to murder, alleged to have been committed upon the person of Elliot Flint, on July 29th, 1872, by shooting at him with a pistol. The defendant pleaded not guilty.
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Criminal law. Verdict. Judgment. Before Judge Bartlett. Baldwin Superior Court. August Adjourned Term, 1873. Arnold was placed upon trial for the offense of assault with intent to murder, alleged to have been committed upon the person of Elliot Flint, on July 29th, 1872, by shooting at him with a pistol. The defendant pleaded not guilty. The jury returned the following verdict: “We, the jury, find the defendant guilty of shooting, not in his own defense, and recommend him to the mercy of the court.” The defendant moved in arrest of judgment, because the verdict specified no crime. The motion…
1Opinion of the Court
McCay, Judge.
Verdicts are to have a reasonable intendment and to receive a reasonable construction, and are not to be set aside unless from necessity: Code, 3561; 17 Georgia, 361; 39 Ibid., 664. And this is the general spirit of the Code, as well as the ex*146pression of the.more universal tendency of jurisprudence towards freedom from that slavish adherence to technical nicety which is the reproach of the common law.
In every verdict there must be a reference to the indictment and the issue to make it have any meaning. The verdict is the response of the jury to the charge and to the issue formed…
2Cited by26 opinions
- People v. FarrellMichigan Supreme Court · 1906
- State v. BroadnaxSupreme Court of Louisiana · 1950
- Kendrick v. StateSupreme Court of Georgia · 1901
- Lanier v. StateCourt of Appeals of Georgia · 1909
- State v. JordanSupreme Court of Missouri · 1920
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