Prior v. State
Supreme Court of Georgia
Criminal Law. Arrest of Judgment. Before Judge Kirby. Polk Superior Court. February Term, 1870. The indictment charged Jack Prior “with the offence of assault with the intent to murder, for that the said Jack Prior, in said county, on the 19th of December, 1869, with force and arms, and with a certain pistol, of the value of ten dollars, said pistol being a weapon likely to produce death, *in and upon one Emanuel Mann, in the peace of God and said State, did, then and there,…
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Criminal Law. Arrest of Judgment. Before Judge Kirby. Polk Superior Court. February Term, 1870. The indictment charged Jack Prior “with the offence of assault with the intent to murder, for that the said Jack Prior, in said county, on the 19th of December, 1869, with force and arms, and with a certain pistol, of the value of ten dollars, said pistol being a weapon likely to produce death, *in and upon one Emanuel Mann, in the peace of God and said State, did, then and there, unlawfully, wilfully, ■ feloniously, and of his malice aforethought, make an assault, and him, the said Emanuel Mann,…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below in this case, is in overruling the motion of the defendant to arrest the judgment. The 4293d section of the Code declares that, “An assault with intent to murder, by using any weapon likely to produce death, shall be punished,” etc. The allegation in the indictment is, that the defendant beat and wounded the said Emanuel Mann, with a certain pistol, the same being a weapon likely to produce death. The evidence had upon the trial does not appear in the record. In our *judgment, the indictment was. sufficient in law to authorize the Court to…
2Cited by4 opinions
- Keesier v. StateIndiana Supreme Court · 1900
- Barber v. StateCourt of Appeals of Georgia · 1957
- Rumph v. StateCourt of Appeals of Georgia · 1939
- Finger v. StateCourt of Appeals of Georgia · 1965