Ash v. State
Supreme Court of Georgia
Criminal law. Indictment. Assault with intent to murder. New trial. Charge of Court. Before Judge Knight. Lumpkin Superior Court.
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Criminal law. Indictment. Assault with intent to murder. New trial. Charge of Court. Before Judge Knight. Lumpkin Superior Court. April Term, 1876. The following report, taken in connection with the decision, will sufficiently explain the facts of this case : At the request of defendant’s counsel, the court charged the jury, in substance, as follows: “ If you are satisfied, from the evidence, that in a quarrel between the prosecutor’s wife and prisoner, she made threats of serious personal injury to him ; that shortly afterwards, prosecutor, in company with one Jack Ash, went in the night…
1Opinion of the Court
Warner, Chief Justice.
The defendant was indicted for the offense of an “ assault with intent to murder,” and on the trial therefor was found guilty. A motion was made in arrest of judgment, and for a new trial, on the several grounds therein set forth. Both motions were overruled by the court, and the defendant excepted.
I. An assault with intent to murder may be committed by using any weapon likely to produce death. The allegation in the indictment is “that the defendant, on the 9th day of February, 1876, then and there, unlawfully, and with force and arms, in the county aforesaid, using,…
2Cited by1 opinion
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