Neese v. State

Court of Appeals of Georgia

Neese v. State

150 S.E. 451, 40 Ga. App. 503, 1929 Ga. App. LEXIS 609

CourtCourt of Appeals of Georgia

DecidedNovember 12, 1929

Docket19968

StatusPublished

Cited by1 cases

This text of 150 S.E. 451 (Neese 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

Neese v. State, 150 S.E. 451, 40 Ga. App. 503, 1929 Ga. App. LEXIS 609 (Ga. Ct. App. 1929).

Pincite

Opinion

Broyles, C. J.

1. A specific intent to kill is an essential ingredient of the offense of assault with intent to commit murder. This is true in a ease where the accused (charged with an assault with intent to murder) injured a person by striking him with an automobile while operating it in a reekless and unlawful manner. Springer v. State, 37 Ga. App. 154 (139 S. E. 159); Wright v. State, 168 Ga. 690 (148 S. E. 731).

2. There was no evidence, direct or circumstantial, authorizing a finding by the jury that the defendant intentionally committed the assault with which he was charged. It follows that the verdict of assault with intent to murder was contrary to law and the evidence, and that the court erred in refusing to grant a new trial.

Judgment reversed.

Luke mid Bloodworth, JJ., concur. W. B. Flournoy, for plaintiff in error. A. J. Perryman, solicitor-general, contra.

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