Napper v. State
Supreme Court of Georgia
Indictment for assault with intent to murder. Before Judge Felton. Bibb superior court. June 2, 1905. Frank Napper was indicted for an assault with intent to murder. He was convicted, moved for a' new trial, and upon the overruling of the motion excepted. The evidence on behalf of the State was, in brief, as follows: On April 16, 1905, a baptizing occurred at which a large number of negroes congregated.
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Indictment for assault with intent to murder. Before Judge Felton. Bibb superior court. June 2, 1905. Frank Napper was indicted for an assault with intent to murder. He was convicted, moved for a' new trial, and upon the overruling of the motion excepted. The evidence on behalf of the State was, in brief, as follows: On April 16, 1905, a baptizing occurred at which a large number of negroes congregated. There was a pond on land leased by T. C. Barlow and his brother J. E. Barlow. They gave permission for the baptizing to take place there, provided the people would not go on the cultivated…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1, 2. Under the decisions of this court it is well-settled law that in a case where, if death had ensued, the defendant would not have been guilty of murder, but only of manslaughter, he could not be convicted of an assault with intent to murder, though he might be guilty of the offense of stabbing not in his own defense or under circumstances of justification. Elliott v. State, 46 Ga. 159; Seborn v. State, 51 *573Ga. 164; Smith v. State, 52 Ga. 88. On the other hand, it would have been error to charge that if the defendant cut Barlow with a weapon likely to produce…
2Cases cited7 opinions
- Gallery v. StateSupreme Court of Georgia · 1893
- Stovall v. StateSupreme Court of Georgia · 1899
- Gilbert v. StateSupreme Court of Georgia · 1893
- Lanier v. StateSupreme Court of Georgia · 1899
- Elliott v. StateSupreme Court of Georgia · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fallon v. StateCourt of Appeals of Georgia · 1909
- Wright v. StateSupreme Court of Georgia · 1929
- Adams v. StateSupreme Court of Georgia · 1906
- Duncan v. StateCourt of Appeals of Georgia · 1907
- Burris v. StateCourt of Appeals of Georgia · 1907
7 more not listed; retrieve them via the Exa API.