Burton v. State

Court of Appeals of Georgia

Burton v. State

109 S.E. 534, 27 Ga. App. 596, 1921 Ga. App. LEXIS 294

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1921

Docket12664

StatusPublished

This text of 109 S.E. 534 (Burton 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

Burton v. State, 109 S.E. 534, 27 Ga. App. 596, 1921 Ga. App. LEXIS 294 (Ga. Ct. App. 1921).

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Opinion

Broyles, C. J.

1. While the judge in his charge to the jury misstated the maximum penalty for assault with intent to murder, the misstatement was harmless, since the defendant was convicted not of the offense of assault with intent to murder, but merely of shooting at another. James v. State, 25 Ga. App. 749 (105 S. E. 56).

2. The verdict was authorized by the evidence and has the approval of the trial judge; no error of law is shown, and the judgment of the court below is Affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

1. While the judge in his charge to the jury misstated the maximum penalty for assault with intent to murder, the misstatement was harmless, since the defendant was convicted not of the offense of assault with intent to murder, but merely of shooting at another. James v. State, 25 Ga. App. 749 (105 S. E. 56).

2. The verdict was authorized by the evidence and has the approval of the trial judge; no error of law is shown, and the judgment of the court below is Affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

109 S.E. 534, 27 Ga. App. 596, 1921 Ga. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-state-gactapp-1921.

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