Hutchinson v. State

Court of Appeals of Georgia

Hutchinson v. State

37 S.E.2d 155, 73 Ga. App. 471, 1946 Ga. App. LEXIS 337

CourtCourt of Appeals of Georgia

DecidedFebruary 15, 1946

Docket31170.

StatusPublished

Cited by1 cases

This text of 37 S.E.2d 155 (Hutchinson 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

Hutchinson v. State, 37 S.E.2d 155, 73 Ga. App. 471, 1946 Ga. App. LEXIS 337 (Ga. Ct. App. 1946).

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Opinion

Gardner, J.

The defendant, acting with a common intent and purpose jointly with two other negroes, made an assault upon .Olaude G. Chandler with the express purpose of robbing him. Chandler was a mail carrier over sixty years of age, and was at the railroad depot in Athens, Georgia, for the purpose of delivering the mail to incoming trains, about eleven o’clock at night. As the three confederates passed Chandler, the defendant remarked, “That s.o.b. has money on him, about a hundred dollars. Let’s get it.” The three confederates passed the victim a short distance, whereupon they returned to where he was standing near his automobile. Chandler got in his car. The confederates, including the defendant, grabbed Chandler, cutting him severely with a knife. Chandler was carried to the hospital for the treatment of his wounds. The defendant was tried separately, found guilty, and sentenced to not less than ten nor more than ten years in the penitentiary. He excepts to the overruling of his motion for a new trial on the general grounds only. The evidence reveals a most dastardly and cowardly crime. It appears that under the facts of this case as revealed by the record the severity of the penalty is insufficient.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

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Gardner, J.

The defendant, acting with a common intent and purpose jointly with two other negroes, made an assault upon .Olaude G. Chandler with the express purpose of robbing him. Chandler was a mail carrier over sixty years of age, and was at the railroad depot in Athens, Georgia, for the purpose of delivering the mail to incoming trains, about eleven o’clock at night. As the three confederates passed Chandler, the defendant remarked, “That s.o.b. has money on him, about a hundred dollars. Let’s get it.” The three confederates passed the victim a short distance, whereupon they returned to where he was standing near his automobile. Chandler got in his car. The confederates, including the defendant, grabbed Chandler, cutting him severely with a knife. Chandler was carried to the hospital for the treatment of his wounds. The defendant was tried separately, found guilty, and sentenced to not less than ten nor more than ten years in the penitentiary. He excepts to the overruling of his motion for a new trial on the general grounds only. The evidence reveals a most dastardly and cowardly crime. It appears that under the facts of this case as revealed by the record the severity of the penalty is insufficient.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

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Bluebook (online)

37 S.E.2d 155, 73 Ga. App. 471, 1946 Ga. App. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchinson-v-state-gactapp-1946.

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