BENNETT v. STATE

40477.

108 Ga. App. 881 (1964)

134 S.E.2d 847

BENNETT et al. v. THE STATE.

Court of Appeals of Georgia.

Decided January 23, 1964.


Attorney(s) appearing for the Case

Howe & Murphy, Harold L. Murphy, for plaintiff in error.

Dan Winn, Solicitor General, John T. Perren, Assistant Solicitor General, contra.


HALL, Judge.

In the present case error is assigned on the recharge of the court when the jury, after deliberating a time, requested clarification of the difference between the crime of assault with intent to murder and the crime of stabbing. In response to this request the court charged, in part: "In order to understand the offense of assault with intent to murder, you have to understand the definition of murder, although in an assault with intent to murder death...

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