54 Ga. 156 | Ga. | 1875
The defendant was indicted for the offense of an assault witii intent to murder, and on -the trial therefor was found guilty by the jury. A motion was made for a new trial on the grounds that the verdict was contrary to law, contrary to the evidence, and without evidence to sustain it; because the court erred in admitting the evidence of the committing magistrate over the objection of defendant, that on the commitment trial before him he examined the defendant, who slated at first “that he was in his house cooking some bread for for his children when the gun fired, and when the justice told him to tell it over again, to see if he would tell the same story, when defendant said he was in his house breaking bread and dividing it out among his children when the gun fired;” because the court erred in not charging the jury as to any other grade of homicide but that of murder; because the court erred in its charge.to the jury, after stating that where there is a chain of circumstances that point to a fact, and one witness swears positively to the contrary, that they could determine which they would believe, added, “but that law wri
Judgment reversed.