Phillips v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Haralson superior court — Judge Irwin. June 8, 1921. The instructions submitting to the jury the question whether there was an unreasonable search and seizure were complained of on the ground that under the evidence there was no such issue; that the undisputed evidence showed that there was an illegal and unreasonable search and seizure.
1Opinion of the CourtBloodworth, J.
1. Granting (but not conceding) that the court erred in giving to the jury the instructions complained of in grounds 1, 2, and 3 of the amendment to the motion for a new trial, the error was harmless, as these instructions related to a charge of assault with intent to murder, and the defendant was convicted not of this offense, but merely of the offense of shooting at another. This principle was specifically announced in the case of James v. State, 25 Ga. App. 749 (105 S. E. 56). A charge on malice, being applicable to the offense of assault with intent to *101murder and not applicable to the…
2Cases cited3 opinions
- Thompson v. StateCourt of Appeals of Georgia · 1919
- Ingram v. StateCourt of Appeals of Georgia · 1921
- James v. StateCourt of Appeals of Georgia · 1920
3Cited by2 opinions
- Powers v. StateCourt of Appeals of Georgia · 1932
- Smallwood v. StateCourt of Appeals of Georgia · 1922