Davenport v. State

Court of Appeals of Georgia

Davenport v. State

165 S.E. 316, 45 Ga. App. 522, 1932 Ga. App. LEXIS 595

CourtCourt of Appeals of Georgia

DecidedAugust 31, 1932

Docket22459

StatusPublished

This text of 165 S.E. 316 (Davenport 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

Davenport v. State, 165 S.E. 316, 45 Ga. App. 522, 1932 Ga. App. LEXIS 595 (Ga. Ct. App. 1932).

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Opinion

Broyles, C. J.

1. The defendant was tried on an indictment charging him with an assault with intent to rob. The judge charged the jury the law of that offense as set out in section 99 of the Penal Code of 1910, and did not err in failing to charge the law of robbery as set out in section 148 of the Penal Code of 1910, or in failing to instruct the jury that “the intent to steal is an essential element of the offense of robbery,” there being no written request for such instructions.

2. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

Luhe and Hooper, JJ., concur.

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Broyles, C. J.

1. The defendant was tried on an indictment charging him with an assault with intent to rob. The judge charged the jury the law of that offense as set out in section 99 of the Penal Code of 1910, and did not err in failing to charge the law of robbery as set out in section 148 of the Penal Code of 1910, or in failing to instruct the jury that “the intent to steal is an essential element of the offense of robbery,” there being no written request for such instructions.

2. The verdict was authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

Luhe and Hooper, JJ., concur.

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Bluebook (online)

165 S.E. 316, 45 Ga. App. 522, 1932 Ga. App. LEXIS 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davenport-v-state-gactapp-1932.