Malone v. State
Supreme Court of Georgia
Criminal Law. Murder. Malice. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. William Malone was indicted for assault with intent to murder. It was charged that the defendant, “ with force and arms and a knife, being a weapon likely to produce death, did, unlawfully and with malice aforethought, assault, beat, cut and stab one J. M. England, with intent then and there to kill and murder him, the said J. M. England.”
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Criminal Law. Murder. Malice. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. William Malone was indicted for assault with intent to murder. It was charged that the defendant, “ with force and arms and a knife, being a weapon likely to produce death, did, unlawfully and with malice aforethought, assault, beat, cut and stab one J. M. England, with intent then and there to kill and murder him, the said J. M. England.” He was found guilty, and moved for a new trial on substantially the following grounds : (l)-(2.) Because the verdict was contrary to law and evidence.…
1Opinion of the Court
Jackson, Chief Justice.
The defendant in the court below was convicted of the 'Offence of an assault with intent to murder, and on being denied a new trial, excepted and assigned error thereon.
1. The first and second grounds are that the verdict is contrary to evidence, law and justice. We think not. He struck England with a knife near the jugular vein in the throat, and lacked but a trifle of sufficient depth in the cut made by the blade to sever arteries or veins that would have-produced death. This was done with a knife, proved by a physician to be a weapon likely to produce death when…
2Cases cited1 opinion
- Brown v. StateSupreme Court of Georgia · 1859
3Cited by25 opinions
- Gore v. StateSupreme Court of Georgia · 1926
- Watson v. StateSupreme Court of Georgia · 1902
- Lindsay v. StateSupreme Court of Georgia · 1912
- Fields v. StateCourt of Appeals of Georgia · 1907
- Clark v. StateSupreme Court of Georgia · 1903
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