Spaulding v. State
Court of Appeals of Georgia
Accusation of misdemeanor; from city court of Brunswick — Judge Krauss. November 22, 1919. Tbe accusation charged that the defendant maliciously shot and maimed a described male cow of Mrs. Ii. Wiggins.
Read the full summary
Accusation of misdemeanor; from city court of Brunswick — Judge Krauss. November 22, 1919. Tbe accusation charged that the defendant maliciously shot and maimed a described male cow of Mrs. Ii. Wiggins. It was testified that the described animal was shot with a shotgun by the defendant, in the side and foreshoulder and in the testicles, and lay around in the pen for three or four days and was treated for the wounds; that the testicles were bloody and swollen, and “he can not serve the cows.” There was a verdict of guilty, and the case came to this court on exceptions to the overruling of a…
1Opinion of the CourtBroyles, C. J.
1. The allowance of an amendment to the accusation, over the objections of the defendant and before he had pleaded to the merits of the case, can not be made a ground of a motion for a new trial. The exception should have been preserved and brought up by exceptions pendente lite. However, there is no merit in such an assignment of error, as the solicitor of a city court can at any time before the defendant has pleaded to the merits amend an accusation in any particular, provided the affidavit upon which it is based will support the accusation as amended, and provided further that such…
2Cases cited5 opinions
- Goldsmith v. StateCourt of Appeals of Georgia · 1907
- Bailey v. StateSupreme Court of Georgia · 1880
- Patton v. StateSupreme Court of Georgia · 1894
- Bishop v. StateCourt of Appeals of Georgia · 1918
- Brown v. StateSupreme Court of Georgia · 1907
3Cited by5 opinions
- Brown v. StateCourt of Appeals of Georgia · 1950
- State v. BensonMontana Supreme Court · 1931
- Sutton v. StateCourt of Appeals of Georgia · 1936
- Harper v. StateCourt of Appeals of Georgia · 1934
- Williams v. StateCourt of Appeals of Georgia · 1935