120 Ga. 188 | Ga. | 1904
The accused was tried under an indictment for assault with intent to murder, and was found guilty of shooting at another. In the bill of exceptions he complains of the overruling of his motion for a new trial. There was some conflict in the evidence as to the events immediately preceding the occurrence under investigation. It seems, however, that a state of bad feeling existed between the accused, Baldwin, and the prosecutor, Blackburn, and that a difficulty between them was not unexpected. About all that is certain from the evidence is that on the day when the difficulty took place Blackburn was standing at a designated point on the public square in tbe town of Cuthbert, when Baldwin drove by him in a buggy carrying a double-barreled shotgun loaded with buckshot; that after passing Blackburn, Baldwin drove a short distance and got out of his buggy; and that almost immediately both Baldwin and Blackburn began firing at each other. The witnesses for the State make it appear that Baldwin was the aggressor and fired first; while those for the accused testified that the accused endeavored to avoid a difficulty, that he was pursued by Blackburn, and that he fired only after Blackburn had opened fire on him.
“The groom and bride each comes within
The circle of the other’s kin ;
But kin and kin are still no more
Related than they were before.”
It is apparent, therefore, that in the present case there was no disqualification, and that the ground of the motion referred to presented no reason for the grant of a new trial.
Judgment reversed.