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Wallace v. State

20 S.E. 250, 95 Ga. 470
CourtSupreme Court of Georgia
DecidedOctober 8, 1894
StatusPublished
Cited by5 cases

This text of 20 S.E. 250 (Wallace v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. State, 20 S.E. 250, 95 Ga. 470 (Ga. 1894).

Opinion

[470]*470 Judgment affirmed.

The court charged the jury: “If you believe from the evidence in this case, beyond a reasonable doubt, that this defendant stabbed this woman as charged in the bill of indictment, and that he did it intending to stab her and that he was not justified in so doing; or, that he did not intend to stab her but that it happened through negligence on his part, which you believe to be criminal negligence, then your verdict ought to be, guilty of stabbing.” Also, that if the jury believed, beyond a reasonable doubt, that defendant struck the blow that inflicted the wound alleged to have been made by accident or misfortune, in order to acquit him it must satisfactorily appear that there was no evil intention or design or any culpable negligence on his part. These instructions were assigned as erroneous, because there was no evidence that the offense was committed with any intention or with any criminal negligence or culpable neglect on defendant’s part. John R. Cooper, for plaintiff in error. W. IT. Felton, solicitor-general, by Harrison & Peeples, contra.

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Related

Bennett v. State
134 S.E.2d 847 (Court of Appeals of Georgia, 1964)
Baker v. State
78 S.E.2d 357 (Court of Appeals of Georgia, 1953)
Ray v. State
61 S.E.2d 779 (Court of Appeals of Georgia, 1950)
Rawls v. State
128 S.E. 747 (Supreme Court of Georgia, 1925)
Curry v. State
97 S.E. 529 (Supreme Court of Georgia, 1918)

Cite This Page — Counsel Stack

Bluebook (online)
20 S.E. 250, 95 Ga. 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-state-ga-1894.