Legal Opinion

Lyman v. State

Supreme Court of Georgia

Decided September 12, 1882PublishedCited by 22 opinions

New Trial. Criminal Law. Practice in Superior Court. Jurors. Before Judge BROWN. Cobb Superior Court. November Term, 1881. To the report contained in the decision it is only necessary to add, in connection with the fifth division thereof, that Sanges, the person assaulted, in stating how the assault happened, testified as follows: “ A young man reported that Neese’s house had been broken into. I notified Stephens, the sheriff, of the fact.

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New Trial. Criminal Law. Practice in Superior Court. Jurors. Before Judge BROWN. Cobb Superior Court. November Term, 1881. To the report contained in the decision it is only necessary to add, in connection with the fifth division thereof, that Sanges, the person assaulted, in stating how the assault happened, testified as follows: “ A young man reported that Neese’s house had been broken into. I notified Stephens, the sheriff, of the fact. I'was acting as a special policeman. He and I started up there, * * When we got to a house used by McClatchey for a lime house, Stephens said, ‘ Hold on ;…

1Opinion of the Court

Crawford, Justice.

The plaintiff in error, having been convicted of an assault with intent to murder, seeks a new trial for errors which he alleges to have been committed by the court below.

1, 2, 3. The first three grounds of error assigned are, that the verdict is contrary to law, contrary to evidence, and without evidence to show that the defendant was guilty beyond a reasonable doubt.

That the defendant made an assault upon James Sanges at the time and place alleged, is not controverted, but that he made an assault with intent to murder him is denied. How this was must be determined by the…

2Cases cited2 opinions

  1. Rooks v. StateSupreme Court of Georgia · 1880
  2. Cogswell v. StateSupreme Court of Georgia · 1872

3Cited by22 opinions

  1. DeVaughn v. McLeroySupreme Court of Georgia · 1889
  2. Thacker v. StateSupreme Court of Georgia · 1970
  3. Hudson v. StateSupreme Court of Georgia · 1903
  4. Hand v. StateCourt of Appeals of Georgia · 1992
  5. Morakes v. StateSupreme Court of Georgia · 1946

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