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Gaines v. State

33 S.E. 632, 108 Ga. 772, 1899 Ga. LEXIS 384
CourtSupreme Court of Georgia
DecidedApril 17, 1899
StatusPublished
Cited by9 cases

This text of 33 S.E. 632 (Gaines 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
Gaines v. State, 33 S.E. 632, 108 Ga. 772, 1899 Ga. LEXIS 384 (Ga. 1899).

Opinion

Lewis, J.

1. The overruling of a demurrer to an indictment and the refusal to arrest a judgment are not grounds for a new trial. This court can not consider error assigned on such rulings in a bill of exceptions presented to the judge more than twenty days after the rendition of the judgmentscomplairied of. Watson v. State, 64 Ga. 61; Stokes v. State, 84 Ga. 258.

2. Where an indictment for assault with intent to murder charges that the-defendant “ with malice aforethought and without provocation did point, aim, and discharge a certain pistol, the same being a weapon likely to produce death, at and into a crowd of people assembled then and there, being in the peace of the State,” and thereby wounded a named person, it sufficiently includes by such descriptive words the offense of unlawfully shooting at another. Jenkins v. State, 92 Ga. 470; Wostenholms v. State, 70 Ga. 720.

8. The declaration of the person wounded in such a case, to the effect that he was shot, made immediately after the firing of the pistol, is admissible in evidence as part of the res gestee.

4. There was sufficient evidence to support the verdict.

Judgment affirmed.

All the Justices concurring. Indictment for assault with intent to murder. Before Judge Littlejohn. Sumter superior court. November term, 1898. L. J. Blalock and J. N. Scarborough, for plaintiff in error. F. A. Hooper, solicitor-general, contra.

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Related

McBride v. State
167 S.E.2d 374 (Court of Appeals of Georgia, 1969)
Pennington v. State
161 S.E.2d 327 (Court of Appeals of Georgia, 1968)
Scarboro v. State
99 S.E. 637 (Court of Appeals of Georgia, 1919)
Gary v. State
67 S.E. 207 (Court of Appeals of Georgia, 1910)
Watson v. State
43 S.E. 32 (Supreme Court of Georgia, 1902)
Kendrick v. State
39 S.E. 286 (Supreme Court of Georgia, 1901)
Heard v. State
39 S.E. 118 (Supreme Court of Georgia, 1901)
Cleveland v. State
34 S.E. 572 (Supreme Court of Georgia, 1899)

Cite This Page — Counsel Stack

Bluebook (online)
33 S.E. 632, 108 Ga. 772, 1899 Ga. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-state-ga-1899.