McMullen v. State

Court of Appeals of Georgia

McMullen v. State

48 S.E.2d 703, 77 Ga. App. 454, 1948 Ga. App. LEXIS 583

CourtCourt of Appeals of Georgia

DecidedJuly 16, 1948

Docket32094.

StatusPublished

This text of 48 S.E.2d 703 (McMullen 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

McMullen v. State, 48 S.E.2d 703, 77 Ga. App. 454, 1948 Ga. App. LEXIS 583 (Ga. Ct. App. 1948).

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Opinion

Townsend, J.

The essential elements of the crime of assault with intent to murder are as follows: (a) There must be an assault by one person on another with a weapon that in the manner in which it is used is likely to produce death, (b) The assault must be actuated by malice, either express or implied, (c) The assault must be made with the specific intent to kill on the part of the person making it. See Reddick v. State, 11 Ga. App. 150 (74 S. E. 901); Anderson v. State, 51 Ga. App. 98 (179 S. E. 654). In the instant case the jury was authorized to find that the -assault was committed by the defendant upon the victim with a weapon that in the manner in which it was used was likely to produce death. It was authorized to find that the assault was actuated by malice. The jury was authorized to infer the intent to kill from the violence of the assault, the deadly nature of the weapon employed, the lack of provocation and other circumstances surrounding the assault and throwing light on the intent. See Benton v. State, 9 Ga. App. 291 (2) (71 S. E. 8).

The verdict is supported by the evidence and the judgment of the trial court overruling the motion for a new trial is without error.

Judgment affirmed.

MacIntyre, P. J., and Gardner, J., concur. *455 R. L. Carr, for plaintiff in error. C. S. Baldwin Jr., Solicitor-General, contra.

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Townsend, J.

The essential elements of the crime of assault with intent to murder are as follows: (a) There must be an assault by one person on another with a weapon that in the manner in which it is used is likely to produce death, (b) The assault must be actuated by malice, either express or implied, (c) The assault must be made with the specific intent to kill on the part of the person making it. See Reddick v. State, 11 Ga. App. 150 (74 S. E. 901); Anderson v. State, 51 Ga. App. 98 (179 S. E. 654). In the instant case the jury was authorized to find that the -assault was committed by the defendant upon the victim with a weapon that in the manner in which it was used was likely to produce death. It was authorized to find that the assault was actuated by malice. The jury was authorized to infer the intent to kill from the violence of the assault, the deadly nature of the weapon employed, the lack of provocation and other circumstances surrounding the assault and throwing light on the intent. See Benton v. State, 9 Ga. App. 291 (2) (71 S. E. 8).

The verdict is supported by the evidence and the judgment of the trial court overruling the motion for a new trial is without error.

Judgment affirmed.

MacIntyre, P. J., and Gardner, J., concur. *455 R. L. Carr, for plaintiff in error. C. S. Baldwin Jr., Solicitor-General, contra.

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Bluebook (online)

48 S.E.2d 703, 77 Ga. App. 454, 1948 Ga. App. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmullen-v-state-gactapp-1948.

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