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Varner v. State

65 S.E. 841, 6 Ga. App. 785, 1909 Ga. App. LEXIS 464
CourtCourt of Appeals of Georgia
DecidedOctober 13, 1909
Docket2060
StatusPublished
Cited by1 cases

This text of 65 S.E. 841 (Varner 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
Varner v. State, 65 S.E. 841, 6 Ga. App. 785, 1909 Ga. App. LEXIS 464 (Ga. Ct. App. 1909).

Opinion

Hill, C. J.

An indictment for the offense of assault with intent to murder contained the allegation that the defendants “did . ., with certain rocks in their hands held, feloniously and of their malice aforethought, make an assault” upon the person of the prosecutor, and the evidence in support of these allegations was that the injury was inflicted by rocks thrown by the defendants from woods or bushes near the roadside. Eeld: (1) This was not a material variance between the allegata and the probata, and the court did not err in admitting the testimony. (2) The verdict of assault and battery was fully supported by the evidence. Judgment affirmed.

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Related

Jordan v. State
52 S.E.2d 505 (Court of Appeals of Georgia, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
65 S.E. 841, 6 Ga. App. 785, 1909 Ga. App. LEXIS 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varner-v-state-gactapp-1909.