Home/Supreme Court of Georgia/Gallery v. State

Gallery v. State

17 S.E. 863, 92 Ga. 463
CourtSupreme Court of Georgia
DecidedMay 8, 1893
StatusPublished
Cited by58 cases

This text of 17 S.E. 863 (Gallery 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
Gallery v. State, 17 S.E. 863, 92 Ga. 463 (Ga. 1893).

Opinion

Judgment reversed.

“ The law presumes that a man intends to do the reasonable results of Ms act; and if a man kill another by violence, and notMng more is shown, the law presumes that to be done with malice and to be murder; and if a man assault another with a weapon likely to produce death, intending to kill him or not caring whether he kills him or not, then that would be the malice under the law. If a man shoot in a crowd with a pistol loaded, although he may not intend to hit any particular person, that would be malice under the law. If a man assault another -without provocation with a weapon likely to produce death, intending to inflict serious bodily harm on him or kill Mm, that would be malice under the law. “ It [the fears of a reasonable man] does not mean the fears of a coward or poltroon; it means the fears of a man reasonably courageous.” John R. Cooper, for plaintiff in error. W. H. Felton, Jr., solicitor-general, contra.

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Bluebook (online)
17 S.E. 863, 92 Ga. 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallery-v-state-ga-1893.