Daniel v. State

Supreme Court of Georgia

Decided April 6, 1903

Supreme Court of Georgia · decided 1903-04-06

<p>Indictment for assault with intent to murder. Before Judge Gober. Cobb superior court. January 31, 1903.</p>

Relies on Echols v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-04-06

How this case has been cited

Cited by 4 later decisions — most recently July 1972

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Candlek, J.

¶11. The refusal of the trial judge to follow the recommendation of the jury that one found guilty of assault with intent to murder be punished as for a misdemeanor is not cause for a new trial, as such recommendations are entirely subject to ^he approval of the court. Penal Code, § 1036; Echols v. State, 109 Ga. 510.

¶22. The evidence introduced by the State, while circumstantial in character and conflicting with that offered by the accused, was sufficient to support a conviction. Judgment affirmed.

By five Justices.