Norwood v. State

Court of Appeals of Georgia

Norwood v. State

59 S.E. 828, 3 Ga. App. 325, 1907 Ga. App. LEXIS 635

CourtCourt of Appeals of Georgia

DecidedDecember 20, 1907

Docket828

StatusPublished

Cited by3 cases

This text of 59 S.E. 828 (Norwood 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

Norwood v. State, 59 S.E. 828, 3 Ga. App. 325, 1907 Ga. App. LEXIS 635 (Ga. Ct. App. 1907).

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Opinion

Hill, O. J.

Where a plea of former acquittal is filed, but the defendant goes to trial on the case in chief without further invoking any action of the court in reference thereto, such plea is properly treated as abandoned.

'2. An accusation charging the defendant with the offense of “stabbing another,” in violation of section 112 of the Penal Code, alleged that the instrument used in perpetrating the offense was a pair of. scissors. Held, that it was within the intellectual capacity of the jury, aided by their common knowledge and experience, to determine whether a pair of “scissors” was an “instrument of the like kind” with “a sword, dirk, or knife.” The jury would know, without extraneous evidence, that scissors were “a cutting implement, consisting of a pair of blades with handles.”

•3. The “act of stabbing another, except in his own defense or other circumstances of justification, with a sword, dirk, or knife, or other instrument of the like kind, shall be punished as for a misdemeanor.” The city court of Griffin has jurisdiction of such an offense, in the absence of additional allegations or proof showing the act of stabbing to be a felony. No error of law was committed, and the evidence fully warranted the verdict. Judgment affirmed.

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Hill, O. J.

Where a plea of former acquittal is filed, but the defendant goes to trial on the case in chief without further invoking any action of the court in reference thereto, such plea is properly treated as abandoned.

'2. An accusation charging the defendant with the offense of “stabbing another,” in violation of section 112 of the Penal Code, alleged that the instrument used in perpetrating the offense was a pair of. scissors. Held, that it was within the intellectual capacity of the jury, aided by their common knowledge and experience, to determine whether a pair of “scissors” was an “instrument of the like kind” with “a sword, dirk, or knife.” The jury would know, without extraneous evidence, that scissors were “a cutting implement, consisting of a pair of blades with handles.”

•3. The “act of stabbing another, except in his own defense or other circumstances of justification, with a sword, dirk, or knife, or other instrument of the like kind, shall be punished as for a misdemeanor.” The city court of Griffin has jurisdiction of such an offense, in the absence of additional allegations or proof showing the act of stabbing to be a felony. No error of law was committed, and the evidence fully warranted the verdict. Judgment affirmed.

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Bluebook (online)

59 S.E. 828, 3 Ga. App. 325, 1907 Ga. App. LEXIS 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norwood-v-state-gactapp-1907.

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