Richardson v. State

Court of Appeals of Georgia

Richardson v. State

179 S.E. 771, 51 Ga. App. 140, 1935 Ga. App. LEXIS 598

CourtCourt of Appeals of Georgia

DecidedApril 15, 1935

Docket24627

StatusPublished

Cited by1 cases

This text of 179 S.E. 771 (Richardson 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

Richardson v. State, 179 S.E. 771, 51 Ga. App. 140, 1935 Ga. App. LEXIS 598 (Ga. Ct. App. 1935).

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Opinion

Gubrry, J.

The defendant was convicted of the offense of assault with intent to murder. The evidence for the State showed that the defendant, without provocation and while the prosecutor was attempting to evade her, made an unjustifiable assault- with a knife or razor upon the prosecutor from behind. The defendant through her statement justified herself under the theory of reasonable fears: Sold, that the evidence overwhelmingly supported the verdict; and the court did not err in failing to charge the jury on the doctrine of reasonable fears, without a request for such a charge, this theory being raised only by the defendant’s statement. See Hardin v. State, 107 Ga. 718 (33 S. E. 700); Parker v. State, 1 Ga. App. 781 (57 S. E. 1028); Crawford v. State, 125 Ga. 793 (54 S. E. 695); Rentfrow v. State, 123 Ga. 539 (51 S. E. 596). The other assignments of error than that dealt with above are without merit. Judgment overruling the motion for a new trial is therefore Affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Gubrry, J.

The defendant was convicted of the offense of assault with intent to murder. The evidence for the State showed that the defendant, without provocation and while the prosecutor was attempting to evade her, made an unjustifiable assault- with a knife or razor upon the prosecutor from behind. The defendant through her statement justified herself under the theory of reasonable fears: Sold, that the evidence overwhelmingly supported the verdict; and the court did not err in failing to charge the jury on the doctrine of reasonable fears, without a request for such a charge, this theory being raised only by the defendant’s statement. See Hardin v. State, 107 Ga. 718 (33 S. E. 700); Parker v. State, 1 Ga. App. 781 (57 S. E. 1028); Crawford v. State, 125 Ga. 793 (54 S. E. 695); Rentfrow v. State, 123 Ga. 539 (51 S. E. 596). The other assignments of error than that dealt with above are without merit. Judgment overruling the motion for a new trial is therefore Affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Bluebook (online)

179 S.E. 771, 51 Ga. App. 140, 1935 Ga. App. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-state-gactapp-1935.

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