Johnson v. State

Decision Date10 November 1904
Citation48 S.E. 951,121 Ga. 143
PartiesJOHNSON v. STATE.
CourtGeorgia Supreme Court

CRIMINAL LAW—VERDICT — SUFFICIENCY—NEW TRIAL.

1. The accused was indicted for assault with intent to murder, but on the trial of the case, after the evidence was all in, and the evidence concluded, the Solicitor General announced in open court and in the presence of the jury that the state would not insist upon a conviction for a higher offense than that of shooting at another. The court so instructed the jury, and directed them that, in the event they should find the accused guilty, they should find him guilty of shooting at another. The verdict rendered was, "We, the jury, find tie defendant guilty, and recommend mercy." This verdict was received without objection or motion that it be amended. Held: the statement made to the court and jury by the Solicitor General was tantamount to an abandonment of the charge of assault with intent to murder (the higher offense), and an election to rely upon the minor charge in the bill of indictment (that of shooting at another); and, this action being approved by the court, and acted upon by counsel for the accused, the legal effect of the verdict was to convict the accused of the latter offense. The court having so construed the verdict, and no objection having been made to its reception and to his so treating it at the time of its rendition, the fact that the verdict did not specify the offense of which the accused was convicted will not work the grant of a new trial.

2. In the light of the ruling announced in this preceding headnote, none of the grounds of the motion for a new trial disclose any error requiring a reversal of the judgment of the court below.

(Syllabus by the Court.)

Error from Superior Court, Carroll County; R. W. Freeman, Judge.

D. G. Johnson was convicted of shooting at another, and brings error. Affirmed.

W. F. Brown, for plaintiff in error.

H. A. Hall, Sol. Gen., for the State.

CANDLER, J. Judgment affirmed. All the Justices concur.

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3 cases
  • Wade v. State
    • United States
    • Georgia Court of Appeals
    • August 6, 1912
  • Wade v. State
    • United States
    • Georgia Court of Appeals
    • August 6, 1912
  • Meriwether v. State
    • United States
    • Georgia Supreme Court
    • March 13, 1940
    ... ... the jury only the question whether the defendant is guilty of ... the offense of robbery by intimidation, a general verdict of ... guilty will be construed as convicting the accused only of ... the lesser offense of robbery by intimidation. Johnson v ... State, 121 Ga. 143, 48 S.E. 951; Hall v. State, ... 43 Ga.App. 224, 158 S.E. 357; Davis v. State, 47 ... Ga.App. 706, 171 S.E. 401. In such case, the defendant is not ... convicted of 'a capital felony' within the meaning of ... the constitutional provision relating to jurisdiction of ... ...

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