Chambliss v. State
| Decision Date | 14 July 1927 |
| Docket Number | 18207. |
| Citation | 139 S.E. 80,37 Ga.App. 124 |
| Parties | CHAMBLISS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
"A reckless disregard of human life may be the equivalent of a specified intent to kill; and whether it existed in this case was a question for the jury."
The evidence abundantly supported the verdict.
Error from Superior Court, Upson County; W. E. H. Searcy, Jr. Judge.
J. T Chambliss was convicted of assault with intent to murder, and he brings error. Affirmed.
Jos. R Davis, of Thomastown, and J. F. Hatchett, of Greenville, for plaintiff in error.
E. M Owen, Sol. Gen., of Griffin, for the State.
The defendant was convicted of assault with intent to murder. His motion for a new trial is based on the general grounds only. The evidence shows that the defendant, together with another negro man and two women, neither lawfully married to the other, driving a red Buick automobile at the rate of "50 or 60 miles per hour," attempted to pass a Ford car, and although it was at a wide place where "three or four cars could travel abreast," and the Ford car was on the right side of the road and "was as near the edge of the road as it could get," the defendant hit the Ford car, turning it over, and it landed in a field "about 30 feet from the road," and injured the occupants thereof; one of the occupants, a lady, having her vertebrae broken so that she has to "wear a brace," is "constantly in dread and fear," "cannot sit up at all without a brace," and "cannot walk unaided." The evidence shows that the defendant did not even stop after he hit the Ford and injured the occupants thereof, and that "he was drunk." A whisky bottle, almost empty, was found, and the defendant admitted, "I had taken a little before I left home."
Counsel for the defendant admits in his brief that the evidence shows that the defendant, while attempting to pass the Ford, struck it and turned it over, but insists that no malice is shown. "Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart." Penal Code 1910, § 62. In Dennard v. State, 14 Ga.App. 485, 81 S.E. 378, this court held:
"A reckless disregard of human life may be the equivalent of a specific intent to kill; and whether it existed in this case was a question for the jury."
And in the opinion in that case (page 488, 81 S.E....
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State v. Patterson
...... the defendant of an assault with a deadly weapon, as charged. in the indictment in question. People v. Anderson,. 310 Ill. 389, 141 N.E. 727.". . . See,. also: People v. Vasquez, 85 Cal.App. 575, 259 P. 1005; Winkler v. State, 45 Okla. Crim. 322, 283 P. 591; Chambliss v. State, 37 Ga.App. 124, 139 S.E. 80; Shorter v. State, 147 Tenn. 355, 247 S.W. 985;. State v. Schutte, 87 N.J.L. 15, 93 A. 112;. Bleiweiss v. State, 188 Ind. 184, 119 N.E. 375, and,. on petition for rehearing, 122 N.E. 577. Valuable notes on. this subject will be found in 53 A. L. R. at p. ......
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Jackson v. State, 16266.
...of an intent to kill. Some of these cases are the following: Dennard v. State, 14 Ga. App. 485, 81 S.E. 378; Chambliss v. State, 37 Ga. App. 124, 139 S.E. 80; Eas-ley v. State, 49 Ga. App. 275, 175 S.E. 23; Payne v. State, 74 Ga. App. 646, 40 S.E.2d 759. In the application of the same princ......
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Myrick v. State, 15135.
...Ga. 747(3), 59 S.E. 803; Josey v. State, 197 Ga. 82, 94, 28 S.E. 2d 290; Dennard v. State, 14 Ga.App. 485, 81 S.E. 378; Chambliss v. State, 37 Ga.App. 124(1), 139 S.E. 80. In one of the admissions of the accused, we find the following: "So I decided to go down there and shoot over his head ......
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Payne v. State
...when productive of violence likely to result in the destruction of life, though not so resulting in the given instance.'" And in the Chambliss case the court in its concluding paragraph stated: 'There was ample evidence to authorize the jury to find that the defendant, while under the influ......