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67 Ga. App. 291

19 S.E.2d 927

Hood v. State

Court of Appeals of Georgia

Decided April 21, 1942

Court of Appeals of Georgia · decided 1942-04-21

Cited by 8 later decisions — most recently April 1952

8 state decisions

Relies on Branch v. Bishop · 57 Ga. App. 296 - Kimbrell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1942-04-21

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MacIntyre, J.

¶1 The defendant was indicted for assault with intent to murder and found guilty of shooting at another. The person alleged to have been the victim testified that the defendant shot at him with a rifle, and the bullet grazed his shoulder and lodged in the side of the house. This was sufficient to authorize the verdict of guilty of shooting at another, and the judge did not err in overruling the motion for new trial for the reason that thp evidence did not authorize the verdict.

¶2 The defendant contends that there was proof that a witness for the State had been convicted of simple larceny; and that although the judge charged on the law of impeachment of witnesses by proof of general bad character, he should have gone further and elaborated on the effect of the conviction of simple larceny in so *292 far as it related to impeachment of the witness. There was no request to charge, and the omission so to charge was not cause for a new trial. Branch v. Bishop, 135 Ga. 110 (2) (68 S. E. 1021); Kimbrell v. State, 57 Ga. App. 296 (195 S. E. 459).

¶3 Judgment affirmed.

Broyles, C. J., and Gardner, J., concur.
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