Eberhart v. State

Court of Appeals of Georgia

Eberhart v. State

62 S.E. 730, 5 Ga. App. 174, 1908 Ga. App. LEXIS 53

CourtCourt of Appeals of Georgia

DecidedNovember 10, 1908

Docket1401

StatusPublished

Cited by1 cases

This text of 62 S.E. 730 (Eberhart 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

Eberhart v. State, 62 S.E. 730, 5 Ga. App. 174, 1908 Ga. App. LEXIS 53 (Ga. Ct. App. 1908).

Pincite

Opinion

Hill, C. J.

Where the defendant was tried and convicted in the city court of Hall county on an indictment for the offense of pointing a pistol at another, the undisputed evidence on his trial showing that the act of pointing a pistol was simply a part of and preceded the consummated act of shooting at another, or assault with intent to murder, the city court was without jurisdiction to try the case, as the misdemeanor was merged into the felony. The refusal to grant a new trial is therefore reversed, with direction that the judge of the city court commit the defendant, to abide the further action of the grand jury. [175]*175Harris v. State, 3 Ga. App. 457 (60 S. E. 127) ; Oglesby v. State, 1 Ga. App. 195 (57 S. E. 938). Judgment reversed.

Indictment for pointing pistol at another, from city court of Nall county- — -Judge Boone. August 26, 1908.

Submitted October 27, Decided November 10, 1908. B. P. Gaillard Jr., for plaintiff in error. Fletcher M. Johnson, solicitor, contra.

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Hill, C. J.

Where the defendant was tried and convicted in the city court of Hall county on an indictment for the offense of pointing a pistol at another, the undisputed evidence on his trial showing that the act of pointing a pistol was simply a part of and preceded the consummated act of shooting at another, or assault with intent to murder, the city court was without jurisdiction to try the case, as the misdemeanor was merged into the felony. The refusal to grant a new trial is therefore reversed, with direction that the judge of the city court commit the defendant, to abide the further action of the grand jury. [175]*175Harris v. State, 3 Ga. App. 457 (60 S. E. 127) ; Oglesby v. State, 1 Ga. App. 195 (57 S. E. 938). Judgment reversed.

Indictment for pointing pistol at another, from city court of Nall county- — -Judge Boone. August 26, 1908.

Submitted October 27, Decided November 10, 1908. B. P. Gaillard Jr., for plaintiff in error. Fletcher M. Johnson, solicitor, contra.

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Bluebook (online)

62 S.E. 730, 5 Ga. App. 174, 1908 Ga. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eberhart-v-state-gactapp-1908.

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