Johnson v. State
Supreme Court of Georgia
Criminal law. Assault with intent to murder. Misnomer. Practice. Before Judge Harvey. Floyd Superior Court. January Term, 1872. Tolomey Johnson alias Tolomey Rogers was placed upon trial for an assault with intent to commit murder, alleged to have been made upon the person of one Steve Davenport, on December 1st, 1871. The defendant pleaded not guilty. The prosecutor, upon his first examination, testified that his name was Steve Debero.
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Criminal law. Assault with intent to murder. Misnomer. Practice. Before Judge Harvey. Floyd Superior Court. January Term, 1872. Tolomey Johnson alias Tolomey Rogers was placed upon trial for an assault with intent to commit murder, alleged to have been made upon the person of one Steve Davenport, on December 1st, 1871. The defendant pleaded not guilty. The prosecutor, upon his first examination, testified that his name was Steve Debero. After the evidence was closed, counsel for defendant took the position that a conviction could not be had, on account of the variance between the indictment…
1Opinion of the Court
McCay, Judge.
A large discretion must be allowed to the Circuit Judge in his direction of the business before him, and we see no abuse of his discretion in permitting the State to supply this defect in its testimony. It was, as the case stood, purely formal. The indent!fieation was complete, and the proof was only to make the description of the person assaulted conform to the description in the indictment. As to the remarks of the Judge, they could have done the accused no harm. There was nothing in his case, as it finally stood, that made the remarks of the Judge pertinent to the matter…
2Cited by4 opinions
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