Crumbley v. State
Supreme Court of Georgia
Criminal law. New trial. Shooting at another. Before Judge Bartlett. Wilkinson Superior Court. April Term, 1878. Crurabley was placed on trial for the offense of shooting at another. He pleaded not guilty.
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Criminal law. New trial. Shooting at another. Before Judge Bartlett. Wilkinson Superior Court. April Term, 1878. Crurabley was placed on trial for the offense of shooting at another. He pleaded not guilty. The evidence disclosed that on the evening of December 25th, 1877, as the passenger train on the Central Railroad was approaching station No. 16, the defendant was standing, with three companions, about twenty steps from the track, having with him his shotgun ; that when the train came within hearing, the defendant fired off his gun, commenced reloading, and as the train passed where he was…
1Opinion of the Court
Bleckley, Justice.
1. As the prisoner was found guilty of an assault, and not of the offense of shooting at another, we need not, and will not, examine the points made, further than to see that there was no error in so far as the element of assault was concerned. The higher offense was ignored by the finding, and that put it out of view in ruling upon the motion for a new trial, there being no certain evidence that the gun was dangerously loaded.
2, 3. There is no dispute that the gun was loaded with powder, and that the prisoner fired at the engineer, at the distance of about twenty steps.…
2Cited by16 opinions
- Norrell v. StateCourt of Appeals of Georgia · 1967
- Bates v. United StatesUnited States Circuit Court · 1881
- Pennington v. StateCourt of Appeals of Georgia · 1968
- Edwards v. StateCourt of Appeals of Georgia · 1908
- Hart v. StateCourt of Appeals of Georgia · 1936
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