Walton v. State

Supreme Court of Georgia

Walton v. State

39 S.E. 877, 114 Ga. 112, 1901 Ga. LEXIS 591

CourtSupreme Court of Georgia

DecidedNovember 7, 1901

StatusPublished

Cited by3 cases

This text of 39 S.E. 877 (Walton 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

Walton v. State, 39 S.E. 877, 114 Ga. 112, 1901 Ga. LEXIS 591 (Ga. 1901).

Pincite

Opinion

Simmons, C. J.

1. The charge complained of in the motion for new trial, upon the offense of assault with intent to murder, was fully in accord with the law as laid down by this court. It left the question of intention to kill entirely with the jury. Gilbert v. State, 90 Ga. 691; Gallery v. State, 92 Ga. 463.

2. There was no error in failing to charge upon the right of die city marshal to arrest the accused, inasmuch as the evidence for the State showed that no arrest was attempted when the shots were fired, and the accused, in his statement, said that he did not shoot at the marshal but at another person.

3. The 'evidence was amply sufficient to sustain the verdict, and the court did not err in refusing a new trial.

Judgment affirmed.

Ail the Justices concurring.

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