Phinazee v. State
Court of Appeals of Georgia
Indictment; for assault with intent to murder^ from Spalding superior court—Judge Searcy. February 11, 1918. The plaintiff in error was found guilty of assault with intent to murder. The evidence showed that' officers went to raid a still. When they arrived on the scene, about 8 o’clock at night, they, watched the operations at the distillery for a while, and then ran towards the still and holloaed for the persons at the distillery to "hold up.”
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Indictment; for assault with intent to murder^ from Spalding superior court—Judge Searcy. February 11, 1918. The plaintiff in error was found guilty of assault with intent to murder. The evidence showed that' officers went to raid a still. When they arrived on the scene, about 8 o’clock at night, they, watched the operations at the distillery for a while, and then ran towards the still and holloaed for the persons at the distillery to "hold up.” One of the party testified that as they ran towards the still a pistol-shot was made, and he then shot in the direction from which the blaze of the…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) 1. The first special ground of the motion for a new trial complains that the court erred in ruling out testimony of Grant Eeid, a witness for the State, and the question in response to which it was given, as follows: “Q, Haven’t you been’ arrested about this same affair? A. Yes, sir.” This testimony, we think, was competent, and should have been admitted, as illustrating the witness’s interest in the case. The court adds to this ground a note stating that “The defendant • had the benefit that-the admission of this testimony would have afforded, because his…
2Cases cited3 opinions
- Barfield Music House v. HarrisCourt of Appeals of Georgia · 1917
- Early v. StateCourt of Appeals of Georgia · 1914
- Agee v. RhodesCourt of Appeals of Georgia · 1917
3Cited by2 opinions
- Edmonds v. StateSupreme Court of Georgia · 1946
- Edmonds v. StateSupreme Court of Georgia · 1946