SMITH v. STATE

34822.

88 Ga. App. 778 (1953)

77 S.E.2d 831

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided September 19, 1953.


Attorney(s) appearing for the Case

Gilbert E. Johnson, Oscar C. Burnett, Jr., for plaintiff in error.

Andrew J. Ryan, Jr., Solicitor-General, contra.


TOWNSEND, J.

1. Special grounds 4, 5 and 6 of the amended motion for new trial complain of the following excerpt from the charge of the court: "Intent to murder is shown by the evidence, by what kind of instrument was used, and how it was used, whether it was used to shoot at a man." As stated in Manders v. State, 69 Ga.App. 875 (4) (27 S.E.2d 105): "In a trial for assault with intent to murder, the question of intent is for the jury. To authorize a...

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