Snell v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Muscogee superior court — Judge Gilbert. May 6, 1913. The plaintiff in error was indicted as an accessory before the fact to an assault with intent to murder, under section 81 of the Penal Code, which reads as follows: “Any person who shall administer to any woman, pregnant with a child, any medicine, drug, or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child,…
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Indictment for assault with intent to murder; from Muscogee superior court — Judge Gilbert. May 6, 1913. The plaintiff in error was indicted as an accessory before the fact to an assault with intent to murder, under section 81 of the Penal Code, which reads as follows: “Any person who shall administer to any woman, pregnant with a child, any medicine, drug, or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two…
1Opinion of the CourtHill, C. J.
(After making the foregoing statement.) The indictment was in the language of the statute; and it is declared in the Penal Code (1910), § 954, that “every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct, which states the offense in the terms and language of this *161code, or so plainly that the nature of the offense charged may be easily understood by the jury.” While the section here quoted was intended to simplify criminal pleading, and in fact greatly does so, yet it was not intended by this section that it should hot be necessary to set forth the…
2Cases cited17 opinions
- Rawlins v. StateSupreme Court of Georgia · 1905
- Johnson v. StateSupreme Court of Georgia · 1892
- Fulford v. StateSupreme Court of Georgia · 1874
- Commonwealth v. FollansbeeMassachusetts Supreme Judicial Court · 1892
- Malone v. StateSupreme Court of Georgia · 1886
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3Cited by3 opinions
- Chambers v. StateSupreme Court of Georgia · 1942
- Gullatt v. StateCourt of Appeals of Georgia · 1913
- Reliford v. StateCourt of Appeals of Georgia · 1960