Legal Opinion

Espy v. State

Court of Appeals of Georgia

Decided April 21, 1917No. 8541PublishedCited by 7 opinions

Conviction of shooting at another; from Floyd superior court—Judge Wright. February 17, 1917.

1Opinion of the CourtGeorge, J.

1. Verdicts are to have a reasonable intendment, and are to receive a reasonable construction, and are not to be avoided unless from necessity. Penal Code (1910), § 1059. The verdict will be construed in the light of the maxim “Id certum est quod certum reddi potest.” Mosley v. State, 11 Ga. App. 1 (4) (74 S. E. 569).

2. Accordingly, where the defendant is indicted for the offense of assault with intent to murder by shooting at another wilfully and feloniously with a loaded gun, a verdict in the following form: “We, the jury, find the defendant guilty of shooting at another with intent to…

2Cases cited3 opinions

  1. Arnold v. StateSupreme Court of Georgia · 1874
  2. Mosley v. StateCourt of Appeals of Georgia · 1912
  3. Kidd v. StateCourt of Appeals of Georgia · 1911

3Cited by7 opinions

  1. Lawson v. StateCourt of Appeals of Georgia · 1935
  2. Woody v. StateCourt of Appeals of Georgia · 1927
  3. Browning v. StateCourt of Appeals of Georgia · 1923
  4. Clay v. StateCourt of Appeals of Georgia · 1920
  5. Johnson v. StateCourt of Appeals of Georgia · 1923

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