119 Ga. 121 | Ga. | 1903
• The plaintiff in error was convicted of a violation of the law contained in the Penal Code § 508, which is as follows: “If any person shall, between dark and daylight, wilfully and wantonly fire off or discharge any loaded gun or pistol on a public highway, and within fifty yards of a public highway, except in defense of person or property, or on his own premises, he shall be guilty of a misdemeanor. ” The' evidence showed that the accused shot a pistol, about 9 o’clock at night, in the yard of one McCraw, about ten yards from a public road. The accused contended in his statement that he shot the pistol by express permission of McCraw. Complaint is made that the court charged the jury that the consent of McCraw would not authorize the acquittal of the accused.
Judgment reversed.