Cunningham v. State

Court of Appeals of Georgia

Cunningham v. State

87 S.E. 843, 17 Ga. App. 591, 1916 Ga. App. LEXIS 807

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1916

Docket6823

StatusPublished

This text of 87 S.E. 843 (Cunningham 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

Cunningham v. State, 87 S.E. 843, 17 Ga. App. 591, 1916 Ga. App. LEXIS 807 (Ga. Ct. App. 1916).

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Opinion

Russell, C. J.

The proof that the accused committed an assault is clear, and, though the evidence on the point of intent is rather weak and unsatisfactory, it was sufficient to sustain the inference that this assault was made with the specific intent to kill, and thus to authorize the jury to find the defendant guilty of assault with intent to murder. Since this court is without jurisdiction to set aside a verdict supported by evidence which, if credible to the jury, is legally sufficient to support their finding, the discretion of the trial judge in overruling the motion for a new trial, based solely upon the usual general grounds, will not be interfered with. Judgment affirmed.

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Russell, C. J.

The proof that the accused committed an assault is clear, and, though the evidence on the point of intent is rather weak and unsatisfactory, it was sufficient to sustain the inference that this assault was made with the specific intent to kill, and thus to authorize the jury to find the defendant guilty of assault with intent to murder. Since this court is without jurisdiction to set aside a verdict supported by evidence which, if credible to the jury, is legally sufficient to support their finding, the discretion of the trial judge in overruling the motion for a new trial, based solely upon the usual general grounds, will not be interfered with. Judgment affirmed.

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Bluebook (online)

87 S.E. 843, 17 Ga. App. 591, 1916 Ga. App. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-gactapp-1916.