Parker v. State

Court of Appeals of Georgia

Parker v. State

64 S.E.2d 475, 83 Ga. App. 681, 1951 Ga. App. LEXIS 934

Court of Appeals of Georgia·Decided April 3, 1951·No. 33374, 33375, 33376·Published

Opinion

MacIntyre, P.J.

Where, upon a trial for assault with intent to murder, the defendant in his statement to the jury admits firing at the prosecutor but claims the shot was fired in self-defense and under circumstances of justification with no intention to kill, but there is evidence authorizing the jury to disbelieve the defendant’s claim of self-defense and circumstances of justification, this court will not, upon a motion for a new trial based solely upon the general grounds, disturb a verdict finding the defendant guilty of shooting at another; not in his own defense. Close v. State, 70 Ga. App. 498 (28 S. E. 2d, 672); Barnes v. State, 71 Ga. App. 9 (29 S. E. 2d, 919); Battle v. State, 73 Ga. App. 476 (36 S. E. 2d, 873); Fallon v. State, 5 Ga. App. 659 (63 S. E. 806). The court did not err in overruling the motions for a new trial.

Judgments affirmed.

Gardner and Townsend, JJ., concur. Edward J. Goodwin, for plaintiff in error. Andrew J. Ryan Jr., Solicitor-General, Sylvan A. Garfunkel, Herman W. Coolidge, contra.

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MacIntyre, P.J.

Where, upon a trial for assault with intent to murder, the defendant in his statement to the jury admits firing at the prosecutor but claims the shot was fired in self-defense and under circumstances of justification with no intention to kill, but there is evidence authorizing the jury to disbelieve the defendant’s claim of self-defense and circumstances of justification, this court will not, upon a motion for a new trial based solely upon the general grounds, disturb a verdict finding the defendant guilty of shooting at another; not in his own defense. Close v. State, 70 Ga. App. 498 (28 S. E. 2d, 672); Barnes v. State, 71 Ga. App. 9 (29 S. E. 2d, 919); Battle v. State, 73 Ga. App. 476 (36 S. E. 2d, 873); Fallon v. State, 5 Ga. App. 659 (63 S. E. 806). The court did not err in overruling the motions for a new trial.

Judgments affirmed.

Gardner and Townsend, JJ., concur. Edward J. Goodwin, for plaintiff in error. Andrew J. Ryan Jr., Solicitor-General, Sylvan A. Garfunkel, Herman W. Coolidge, contra.

Parker v. State, 64 S.E.2d 475, 83 Ga. App. 681, 1951 Ga. App. LEXIS 934 (Ga. Ct. App. 1951).

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Opinion

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