Hopkins v. State

Supreme Court of Georgia

Hopkins v. State

46 S.E. 835, 119 Ga. 569, 1904 Ga. LEXIS 288

CourtSupreme Court of Georgia

DecidedMarch 3, 1904

StatusPublished

Cited by6 cases

This text of 46 S.E. 835 (Hopkins 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

Hopkins v. State, 46 S.E. 835, 119 Ga. 569, 1904 Ga. LEXIS 288 (Ga. 1904).

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Opinion

Eish, P. J.

While the prosecutor was engaged in an altercation with another person, he was fired on by two bystanders. The evidence strongly indicated that the shots which took effect were fired by the defendant, and there was sufficient evidence to have sustained a verdict for assault with intent to murder, for which the defendant was indicted. There was evidence, however, that another bystander also fired, and it is not absolutely certain which pistol contained the bullets which took effect. It appears, from a note of the judge, that at the request of counsel for the defendant he charged on the law of shooting at another, and the defendant was convicted of that offense. It is assigned as error that the verdict is contrary to law and the evidence; the plaintiff in error insisting here that he should have been found guilty of assault with intent to murder, or not guilty. There was evidence to warrant the charge in reference to shooting at another. But in any event the defendant can not complain • of a verdict which was rendered [570]*570in conformity with a charge requested by himself. Quattlebaum v. State, ante, 433.

Judgment affirmed,.

All the Justices concur, except Simmons, O. J., absent.

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Eish, P. J.

While the prosecutor was engaged in an altercation with another person, he was fired on by two bystanders. The evidence strongly indicated that the shots which took effect were fired by the defendant, and there was sufficient evidence to have sustained a verdict for assault with intent to murder, for which the defendant was indicted. There was evidence, however, that another bystander also fired, and it is not absolutely certain which pistol contained the bullets which took effect. It appears, from a note of the judge, that at the request of counsel for the defendant he charged on the law of shooting at another, and the defendant was convicted of that offense. It is assigned as error that the verdict is contrary to law and the evidence; the plaintiff in error insisting here that he should have been found guilty of assault with intent to murder, or not guilty. There was evidence to warrant the charge in reference to shooting at another. But in any event the defendant can not complain • of a verdict which was rendered [570]*570in conformity with a charge requested by himself. Quattlebaum v. State, ante, 433.

Judgment affirmed,.

All the Justices concur, except Simmons, O. J., absent.

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Bluebook (online)

46 S.E. 835, 119 Ga. 569, 1904 Ga. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopkins-v-state-ga-1904.

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