TaiLexi AI U.S. Case Law

Neese v. State

Neese v. State, 150 S.E. 451 (Ga. Ct. App. 1929)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 12, 1929
Docket
No. 19968
Judges
Broyles
Citations
150 S.E. 45140 Ga. App. 5031929 Ga. App. LEXIS 609

Opinion of the Court — Broyles

Text extracted by OCR from a scanned original; check the original for exact wording.

Broyles, C. J.

1. A specific intent to kill is an essential ingredient of the offense of assault with intent to commit murder. This is true in a ease where the accused (charged with an assault with intent to murder) injured a person by striking him with an automobile while operating it in a reekless and unlawful manner. Springer v. State, 37 Ga. App. 154 ( 139 S. E. 159 ); Wright v. State, 168 Ga. 690 ( 148 S. E. 731 ).

2. There was no evidence, direct or circumstantial, authorizing a finding by the jury that the defendant intentionally committed the assault with which he was charged. It follows that the verdict of assault with intent to murder was contrary to law and the evidence, and that the court erred in refusing to grant a new trial.

Judgment reversed.

Luke mid Bloodworth, JJ., concur.

W. B. Flournoy, for plaintiff in error. A. J. Perryman, solicitor-general, contra.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1934: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. Easley v. State175 S.E. 23 (Ga. Ct. App. 1934)

Most recent

  1. Easley v. State175 S.E. 23 (Ga. Ct. App. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Wright v. State, 148 S.E. 731 (Ga. 1929) 21
Springer v. State, 139 S.E. 159 (Ga. Ct. App. 1927) 4

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list