Home/Supreme Court of Georgia/Kimball v. State

Kimball v. State

37 S.E. 886, 112 Ga. 541
CourtSupreme Court of Georgia
DecidedJanuary 24, 1901
StatusPublished
Cited by13 cases

This text of 37 S.E. 886 (Kimball 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
Kimball v. State, 37 S.E. 886, 112 Ga. 541 (Ga. 1901).

Opinion

Simmons, C. J.

1. Upon the trial of one accused of assault with intent to murder, where the evidence for the accused tends to show that there was a mutual combat between the parties, the law of manslaughter, as bearing upon the question whether the accused should be convicted of a lesser offense than that expressly charged in the indictment, is necessarily involved, and it is the duty of the judge, whether requested so to do or not, to charge the jury upon this subject, and a failure to do so is error.

2. A specific intent to murder is an essential ingredient of the crime of assault with intent to murder ; and where one is charged, as principal in the second degree, with assault with intent to murder, he can not be convicted unless it be shown that he not only aided in the act, but also participated ip the murderous design, Clark’s Crim. Law, 89, 90.

Judgment reversed.

All the Justices concurring.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taylor v. State
112 S.E.2d 12 (Court of Appeals of Georgia, 1959)
Usher v. State
79 S.E.2d 15 (Court of Appeals of Georgia, 1953)
Breedlove v. State
66 S.E.2d 409 (Court of Appeals of Georgia, 1951)
White v. State
40 S.E.2d 782 (Court of Appeals of Georgia, 1946)
Mundy v. State
1 S.E.2d 605 (Court of Appeals of Georgia, 1939)
Perry v. State
195 S.E. 175 (Supreme Court of Georgia, 1938)
Swindle v. State
194 S.E. 883 (Court of Appeals of Georgia, 1938)
Wright v. State
148 S.E. 731 (Supreme Court of Georgia, 1929)
Butt v. State
103 S.E. 466 (Supreme Court of Georgia, 1920)
Bolton v. State
94 S.E. 95 (Court of Appeals of Georgia, 1917)
Futch v. State
72 S.E. 911 (Supreme Court of Georgia, 1911)
State v. Rodriguez
31 Nev. 342 (Nevada Supreme Court, 1909)
Williams v. State
54 S.E. 108 (Supreme Court of Georgia, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
37 S.E. 886, 112 Ga. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-state-ga-1901.