Troup v. State
| Decision Date | 02 December 1915 |
| Docket Number | 7002. |
| Citation | 87 S.E. 157,17 Ga.App. 387 |
| Parties | TROUP v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Upon the trial of an indictment for any offense, the jury may find the accused not guilty of the offense charged in the indictment, but, if the evidence warrants it, may find him guilty of an attempt to commit such an offense, though no special count in the indictment charges such attempt. Penal Code 1910, § 1061; Reynolds v. State, 1 Ga. 222; Smith v. State, 126 Ga. 544, 55 S.E. 475.
There being no statute of limitations as to the offense of murder, one charged with that crime may be found guilty of assault with intent to murder, although the indictment charging the offense of murder is returned 21 years after the commission of the alleged offense. Reynolds v. State, supra; Clark v. State, 12 Ga. 350; Wall v. State, 75 Ga. 474 (2); Jinks v. State, 114 Ga. 430 (1), 431, 40 S.E. 320.
For the reasons given above, the court did not err in overruling the motion in arrest of judgment.
Error from Superior Court, Wheeler County; E. D. Graham, Judge.
Joe Troup was convicted of assault with intent to murder, and brings error. Affirmed.
O. M. Duke, of Flovilla, for plaintiff in error.
W. A. Wooten, Sol. Gen., of Eastman, for the State.
Judgment affirmed.
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Manning v. State, 46155
...on the prosecution either for that offense or for lesser offenses included and for which he might have been convicted (Troup v. State, 17 Ga.App. 387(2), 87 S.E. 157), it was permissible to prove the commission of the offense at any time prior to the date of the indictment. Sikes v. State, ......
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Sikes v. State
... ... State, 1 Ga. 222, it was held that "the ... statute of limitations does not run against an indictment ... found for murder, though on the traverse the prisoner is ... found guilty of manslaughter only." See, also, Clark ... v. State, 12 Ga. 350; Wall v. State, 75 Ga ... 474. In Troup v. State, 17 Ga.App. 387, 87 S.E ... 157(2), it was held, in conformity with the rulings of the ... Supreme Court, which are binding as authority upon this ... court, that, "there being no statute of limitations as ... to the offense of murder, one charged with that crime may be ... found ... ...
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...held that it was sufficient to furnish a basis for a conviction of assault with intent to murder See, also, Troup v. State, 17 Ga. App. 387, 87 S. E. 157. Thus the precise question sought to be raised by the plaintiff in error is settled to the contrary of his contentions. 2. His second con......