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Rutherford v. State

63 S.E. 570, 5 Ga. App. 482, 1909 Ga. App. LEXIS 32
CourtCourt of Appeals of Georgia
DecidedJanuary 27, 1909
Docket1546
StatusPublished
Cited by12 cases

This text of 63 S.E. 570 (Rutherford 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
Rutherford v. State, 63 S.E. 570, 5 Ga. App. 482, 1909 Ga. App. LEXIS 32 (Ga. Ct. App. 1909).

Opinion

Hill, C. J.

1. While a mere threat or menace to commit a violent injury upon the person of another is not sufficient to constitute an assault, yet where the threat or menace is accompanied by an apparent attempt to commit such an injury, and its consummation is prevented, either by the act of the person upon whom the assault is threatened or by the interposition of a third person, the violence has commenced and- the assault is complete.

2. The evidence in this case is sufficient to authorize the finding of the jury that the defendant apparently intended a present assault upon the person of the prosecutor, and that- he was only prevented from immediately carrying out such intention by the countei;-menaee, of; the prosecutor and by the interference of a third party. Thomas v. State, 99 Ga. 38 (26 S. E. 748), and citations. Judgment affirmed.

B. Wall, for plaintiff in error. A. J. McDonald, solicitor, Walter F. George, contra.

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Cite This Page — Counsel Stack

Bluebook (online)
63 S.E. 570, 5 Ga. App. 482, 1909 Ga. App. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutherford-v-state-gactapp-1909.