¶1No error of law appears in this ease, except the failure of the- court to charge the jury as to the statutory offense of stabbing. The specific intent to kill was not conclusively shown; and. under repeated rulings of the Supreme Court, and the rulings of this court in Fallon v. State, 5 Ga. App. 659 (63 S. E. 806), and in Ripley v. State, 7 Ga. App. 679 (67 S. E. 834), the jury should', by an appropriate charge, have been given the discretion to determine whether the intent to kill, or to commit some lesser offense, existed. This is especially true, under the definition of the offense of stabbing in § 112 of the Penal Code, where the felony charged in the indictment was accomplished, if at all, by the act of stabbing. Judgment reversed.
7 Ga. App. 744
Powell v. State
Decided March 12, 1910
Court of Appeals of Georgia · decided 1910-03-12
<p>Indictment for assault with intent to murder; from Mitchell superior court — Judge Park. February 14, 1910.</p>
Relies on Fallon v. State · General Accident, Fire & Life Assurance Corp. v. Turner
Good law ✅— No negative treatment on recordhow we know
Decided 1910-03-12
How this case has been cited
Cited by 7 later decisions — most recently June 1959
7 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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