Appling v. State

Court of Appeals of Georgia

Appling v. State

106 S.E. 311, 26 Ga. App. 418, 1921 Ga. App. LEXIS 189

CourtCourt of Appeals of Georgia

DecidedMarch 8, 1921

Docket11989

StatusPublished

Cited by2 cases

This text of 106 S.E. 311 (Appling v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Appling v. State, 106 S.E. 311, 26 Ga. App. 418, 1921 Ga. App. LEXIS 189 (Ga. Ct. App. 1921).

Pincite

Opinion

Bloodworth, J.

Henry Appling was convicted under an indictment which, charged him with assault with intent to murder Henry Esquire by shooting the said Esquire with a pistol. The evidence shows that the accused shot at Willie Askew four times with a pistol, one shot hitting him. There is not a particle of evidence to show that the accused-shot, or shot at, Henry Esquire, or that Henry Esquire was ever known as Willie Askew, or called by that name. The verdict of guilty, therefore, is contrary to law and evidence. Irwin v. State, 117 Ga. 722 (45 S. E. 59), and cases cited.

Judgment reversed.

Broyles, G. J., and Lulee, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Bloodworth, J.

Henry Appling was convicted under an indictment which, charged him with assault with intent to murder Henry Esquire by shooting the said Esquire with a pistol. The evidence shows that the accused shot at Willie Askew four times with a pistol, one shot hitting him. There is not a particle of evidence to show that the accused-shot, or shot at, Henry Esquire, or that Henry Esquire was ever known as Willie Askew, or called by that name. The verdict of guilty, therefore, is contrary to law and evidence. Irwin v. State, 117 Ga. 722 (45 S. E. 59), and cases cited.

Judgment reversed.

Broyles, G. J., and Lulee, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

106 S.E. 311, 26 Ga. App. 418, 1921 Ga. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appling-v-state-gactapp-1921.

Opinion

Related

Cite This Page — Counsel Stack