Dean v. State

Court of Appeals of Georgia

Dean v. State

197 S.E. 73, 57 Ga. App. 871, 1938 Ga. App. LEXIS 427

CourtCourt of Appeals of Georgia

DecidedApril 28, 1938

Docket26846

StatusPublished

Cited by1 cases

This text of 197 S.E. 73 (Dean 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

Dean v. State, 197 S.E. 73, 57 Ga. App. 871, 1938 Ga. App. LEXIS 427 (Ga. Ct. App. 1938).

Pincite

Opinion

Bkoyues, C. J.

1. The accused was indicted for an assault with intent to murder, and was convicted of unlawfully shooting at another. Complaint is made in a ground of the motion for new trial that the judge failed to charge the jury certain principles of law relating to the offense of an assault with intent to murder (said principles being set forth in the ground). Under repeated decisions of the Supreme Court and of this court, where one is convicted of a lesser offense than that' charged in the indictment, an error of commission or of omission in the charge upon the greater offense is harmless error.

2. The excerpt from the charge upon the law of justifiable homicide (eomr plained of in the other special ground of the motion for new trial), while somewhat confused, was more harmful to the State than to the accused; and, when considered in the light of the charge as a whole and the facts of the case, does not require a reversal of the judgment.

3. The evidence, while conflicting, authorized the verdict.

Judgment affirmed.

MacIntyre am,d Querry, JJ., concur.

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Bkoyues, C. J.

1. The accused was indicted for an assault with intent to murder, and was convicted of unlawfully shooting at another. Complaint is made in a ground of the motion for new trial that the judge failed to charge the jury certain principles of law relating to the offense of an assault with intent to murder (said principles being set forth in the ground). Under repeated decisions of the Supreme Court and of this court, where one is convicted of a lesser offense than that' charged in the indictment, an error of commission or of omission in the charge upon the greater offense is harmless error.

2. The excerpt from the charge upon the law of justifiable homicide (eomr plained of in the other special ground of the motion for new trial), while somewhat confused, was more harmful to the State than to the accused; and, when considered in the light of the charge as a whole and the facts of the case, does not require a reversal of the judgment.

3. The evidence, while conflicting, authorized the verdict.

Judgment affirmed.

MacIntyre am,d Querry, JJ., concur.

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Bluebook (online)

197 S.E. 73, 57 Ga. App. 871, 1938 Ga. App. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-state-gactapp-1938.

Opinion

3. The evidence, while conflicting, authorized the verdict.

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