Daniel v. State

Supreme Court of Georgia

Daniel v. State

43 S.E. 861, 118 Ga. 16, 1903 Ga. LEXIS 417

CourtSupreme Court of Georgia

DecidedApril 6, 1903

StatusPublished

Cited by5 cases

This text of 43 S.E. 861 (Daniel v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daniel v. State, 43 S.E. 861, 118 Ga. 16, 1903 Ga. LEXIS 417 (Ga. 1903).

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Opinion

Candlek, J.

1. The refusal of the trial judge to follow the recommendation of the jury that one found guilty of assault with intent to murder be punished as for a misdemeanor is not cause for a new trial, as such recommendations are entirely subject to ^he approval of the court. Penal Code, § 1036; Echols v. State, 109 Ga. 510.

2. The evidence introduced by the State, while circumstantial in character and conflicting with that offered by the accused, was sufficient to support a conviction. Judgment affirmed.

By five Justices.

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Candlek, J.

1. The refusal of the trial judge to follow the recommendation of the jury that one found guilty of assault with intent to murder be punished as for a misdemeanor is not cause for a new trial, as such recommendations are entirely subject to ^he approval of the court. Penal Code, § 1036; Echols v. State, 109 Ga. 510.

2. The evidence introduced by the State, while circumstantial in character and conflicting with that offered by the accused, was sufficient to support a conviction. Judgment affirmed.

By five Justices.

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Bluebook (online)

43 S.E. 861, 118 Ga. 16, 1903 Ga. LEXIS 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-state-ga-1903.

Opinion

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