12 Ga. App. 97 | Ga. Ct. App. | 1912
We agree with the general proposition contended for by counsel for the accused, to wit, that if one discharges a loaded pistol at another who is in a position where it would be impossible to hit him, and the person firing the pistol knows this fact, he could not be said, legally speaking, to have made an assault with a specific
Granting, for the sake of the argument, that the accused could not be convicted on account of the second or third shots which he fired in the direction of the office, there was enough evidence to authorize the jury to find that when he fired the first shot he made an assault upon Judge Buie with intent then and there to kill him. It can not, therefore, be held that the trial judge abused his discretion in overruling the motion for new trial, so far as the general ground that the verdict is contrary to evidence is concerned.
Judgment affirmed.