Mixon v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Hammond. Richmond superior court. May 26, 1905. Eobert Mixon and Andrew Mixon were jointly indicted for an assault with intent to murder, alleged to have been committed upon' one Billy Williams, by shooting him with a musket. They were tried separately, Eobert being first tried. Each of them was convicted, each moved for a new trial, and upon its refusal each excepted.
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Indictment for assault with intent to murder. Before Judge Hammond. Richmond superior court. May 26, 1905. Eobert Mixon and Andrew Mixon were jointly indicted for an assault with intent to murder, alleged to have been committed upon' one Billy Williams, by shooting him with a musket. They were tried separately, Eobert being first tried. Each of them was convicted, each moved for a new trial, and upon its refusal each excepted. The two cases were argued together in this court. The evidence on behalf of the State was substantially the same in each case, and was in brief as follows: Williams…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. In the case of Robert Mixon one ground of the motion for a new trial was, that, in view of the recommendation of the jury, the sentence of five years in the penitentiary was excessive. This is not a proper matter for a motion for a new trial.
2. Another ground was that thve court refused a request to give-in charge the following: “It is not necessary, however, that it-appear that it was absolutely necessary to make the assault in order to save life. Therefore when, in a trial for assault with intent to murder, the accused sets up the defense that he inflicted the…
2Cases cited3 opinions
- Coxwell v. StateSupreme Court of Georgia · 1881
- Heard v. StateSupreme Court of Georgia · 1901
- Boon v. StateSupreme Court of Georgia · 1846
3Cited by6 opinions
- Bryant v. StateCourt of Appeals of Georgia · 1941
- Thomas v. StateCourt of Appeals of Georgia · 1980
- Pittman v. StateCourt of Appeals of Georgia · 1984
- Lord v. StateSupreme Court of Georgia · 1975
- Jones v. StateCourt of Appeals of Georgia · 1980
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