Clark v. State
Supreme Court of Georgia
Criminal law. Shooting at another. Practice. Before Judge Bower. Mitchell superior court. May term, 1889. Indictment for assault with intent to murder; verdict, guilty of shooting at another. The defendant’s motion for a new trial was overruled, and he excepted.
1Opinion of the Court
Bleckley, Chief Justice.
We are not prepared to hold that the court committed any error in the progress of the trial, except in *578charging the jury as set forth in the eighth ground of the motion for a new trial. In that part of the charge, the court assumed as matter of law, that to discharge a gun loaded with powder only at a person not more than fifteen steps distant would constitute the -statutory offence of shooting at another. We think, on the contrary, that the law fixes no distance as the minimum or maximum in such cases. The offence would be committed by shooting at another with any…
2Cases cited3 opinions
- Crumbley v. StateSupreme Court of Georgia · 1878
- Allen v. StateSupreme Court of Georgia · 1859
- Grant v. StateSupreme Court of Georgia · 1872
3Cited by5 opinions
- Pennington v. StateCourt of Appeals of Georgia · 1968
- Edwards v. StateCourt of Appeals of Georgia · 1908
- Mullen v. StateCourt of Appeals of Georgia · 1935
- Pennington v. StateCourt of Appeals of Georgia · 1968
- Powell v. StateCourt of Appeals of Georgia · 1969