Gilbert v. State
Supreme Court of Georgia
Criminal law. Charge of court. Before Judge Martin. Chattahoochee superior court. September term, 1892. Conviction of assault with intent to murder. The special ground for new trial was, that the court charged as set out in the head-note. The brief for the State was prepared by the predecessor of Mr. Gilbert in the office of solicitor-general.
1Opinion of the Court
Bleckley, Chief Justice.
1. Without a specific intent to kill as charged in the indictment, the offence of assault with intent to murder cannot be committed. The existence of such intent is matter of fact to be ascertained by the jury from all the evidence before them, and not matter for legal inference or presumption from only a part of the evidence, or even from the whole of it. Legal presumptions arising out of the facts may be used to show that the assault was malicious, but an assault which does not result in death may be malicious just as well where the intent to kill is absent as where…
2Cases cited3 opinions
- Patterson v. StateSupreme Court of Georgia · 1890
- State v. HickamSupreme Court of Missouri · 1888
- Chrisman v. StateSupreme Court of Arkansas · 1891
3Cited by25 opinions
- Smith v. StateSupreme Court of Georgia · 1906
- Wright v. StateSupreme Court of Georgia · 1929
- Lanier v. StateSupreme Court of Georgia · 1899
- State v. GibsonOregon Supreme Court · 1903
- Wimberly v. StateCourt of Appeals of Georgia · 1913
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