Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided April 12, 1927No. 17881PublishedCited by 2 opinions

1Opinion of the CourtLuke, J.

The defendant was convicted of assault with intent to murder, and assigns error on the overruling of his motion for a new trial. All the special grounds of the motion for a new trial relate to the charge of the court. The charge when considered as a whole and in the light of the evidence shows no reversible error. The evidence did not demand a charge on the offense of shooting at another. Intent is a matter of mind and is evidenced by external circumstances capable of proof, and there was ample evidence to show that defendant shot with premeditation and with deliber*644ate intent to kill. The…

2Cases cited4 opinions

  1. Kendrick v. StateSupreme Court of Georgia · 1901
  2. Tyre v. StateSupreme Court of Georgia · 1900
  3. Coney v. StateSupreme Court of Georgia · 1897
  4. Troup v. StateCourt of Appeals of Georgia · 1921

3Cited by2 opinions

  1. Scroggins v. StateCourt of Appeals of Georgia · 1990
  2. Dixon v. StateCourt of Appeals of Georgia · 1934

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