Legal Opinion

Carson v. State

Court of Appeals of Georgia

Decided April 4, 1919No. 10337PublishedCited by 2 opinions

Indictment for assault with intent to murder; from Butts superior court—Judge Searcy. January 11, 1919. Squire Carson was convicted under an indictment which charged that he shot at J. E. McNair and O. E. Maddox with intent to murder them.

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Indictment for assault with intent to murder; from Butts superior court—Judge Searcy. January 11, 1919. Squire Carson was convicted under an indictment which charged that he shot at J. E. McNair and O. E. Maddox with intent to murder them. The grounds of the motion for a new trial referred to in paragraph 1 of the dicision are as follows: “Fourth: Movant contends that the court erred in admitting the following testimony in the case for the consideration of the jury: W. H. Barnes, a witness for the State, testified as follows: ‘On the night that Squire Carson had trouble with Mr. McNair and…

1Opinion of the CourtBroyles, P. J.

1. The first and second special grounds of the motion for a new trial (grounds 4 and 5) being so incomplete within themselves as to require a reference to each other and to the brief of the evidence, to ascertain the errors complained of and their materiality, under repeated rulings of the Supreme Court and of this court these grounds can not be considered.

2. Under the facts of the case the court did not>err in charging the jury upon the law of assault with intent to murder.

3. The ground of the motion for a new trial which complains of the admission of certain documentary evidence can not be…

2Cases cited1 opinion

  1. Gaskins v. StateCourt of Appeals of Georgia · 1916

3Cited by2 opinions

  1. Patterson v. Farish & SonsCourt of Appeals of Georgia · 1926
  2. Terry Shipbuilding Corp. v. GregoryCourt of Appeals of Georgia · 1921

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