Guthrie v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Gober. Cobb superior court. March-14, 1906.
1Opinion of the CourtFish, C. J.
1. Where the accused is found guilty of a felony, not excepted from the provisions of Penal Code, § 1036, and the jury trying the ease recommends that he be punished as for a misdemeanor, it is in the absolute discretion of the trial judge whether he will approve such recommendation, and his action in the matter is final.
2. That a sentence is excessive is not cause for a new trial. Hill v. State, 122 Ga. 166.
3. The evidence, though wholly circumstantial, being not only consistent with the hypothesis of the guilt of the accused, but sufficient to exclude every other reasonable hypothesis save…
2Cases cited1 opinion
- Hill v. StateSupreme Court of Georgia · 1905
3Cited by6 opinions
- People v. RambaudCalifornia Court of Appeal · 1926
- Gaskins v. StateCourt of Appeals of Georgia · 1912
- Harris v. State of GeorgiaSupreme Court of Georgia · 1961
- Johnson v. StateCourt of Appeals of Georgia · 1972
- Bailey v. StateCourt of Appeals of Georgia · 1979
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