Miller v. State

Supreme Court of Georgia

Miller v. State

54 S.E. 692, 125 Ga. 788, 1906 Ga. LEXIS 272

DecidedJuly 3, 1906

StatusPublished

This text of 54 S.E. 692 (Miller 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

Miller v. State, 54 S.E. 692, 125 Ga. 788, 1906 Ga. LEXIS 272 (Ga. 1906).

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Opinion

Atkinson, J.

1. The testimony of the prosecutor that he was “cut” and “stabbed” with a knife by the defendant was sufficient to authorize the jury in finding that there was in fact such penetration as would constitute the offense of stabbing. See Ward v. State, 56 Ga. 409.

2. The evidence being sufficient to support the verdict, the discretion of the court below in refusing a new trial will not be disturbed.

Judgment affirmed.

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

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Atkinson, J.

1. The testimony of the prosecutor that he was “cut” and “stabbed” with a knife by the defendant was sufficient to authorize the jury in finding that there was in fact such penetration as would constitute the offense of stabbing. See Ward v. State, 56 Ga. 409.

2. The evidence being sufficient to support the verdict, the discretion of the court below in refusing a new trial will not be disturbed.

Judgment affirmed.

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

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Bluebook (online)

54 S.E. 692, 125 Ga. 788, 1906 Ga. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-ga-1906.