Smith v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Dougherty superior court — Judge Frank Park. The defendant was convicted of assault and battery. It appears, from the evidence, that he and his son were making a disturbance on the streets of Albany, by cursing one another; that easily within hearing were some females; that one or two citizens had caught hold of the defendant’s son, and that a crowd had assembled.
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Indictment for assault with intent to murder; from Dougherty superior court — Judge Frank Park. The defendant was convicted of assault and battery. It appears, from the evidence, that he and his son were making a disturbance on the streets of Albany, by cursing one another; that easily within hearing were some females; that one or two citizens had caught hold of the defendant’s son, and that a crowd had assembled. A policeman arrived, and the defendant was pointed out to him as being the one who was “raising Cain;” and before the policeman had said a word, the defendant hit him with a flint…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
1. Complaint is made of the admission of the following evidence: One of the bystanders, as a witness for the State, was asked: “When Mr. Perry [the policeman] got there, what was going on? What was the defendant doing, and what trouble, if any, in which he was connected, was in progress?” The witness answered: “Him and his son was cursing one another.” The defendant objected to this evidence, because the policeman had previously testified that at the time of his arrival the defendant was standing by his wagon, and was doing nothing illegal, so far as he…
2Cases cited3 opinions
- Porter v. StateSupreme Court of Georgia · 1905
- Ramsey v. StateSupreme Court of Georgia · 1893
- Jenkins v. StateCourt of Appeals of Georgia · 1907
3Cited by3 opinions
- Faulkner v. StateSupreme Court of Georgia · 1928
- Hill v. StateCourt of Appeals of Georgia · 1915
- Daniel v. StateCourt of Appeals of Georgia · 1940