History
  • No items yet
midpage
Rutherford v. State
5 Ga. App. 482
Ga. Ct. App.
1909
Check Treatment
Hill, C. J.

1. While a mere threat or menace to commit a violent injury upon the person of another is not sufficient to constitute an assault, yet where the threat or menace is accompanied by an apparent attempt to commit such an injury, and its consummation is prevented, either by the act of the person upon whom the assault is threatened or by the interposition of a third person, the violence has commenced and- the assault is complete.

2. The evidence in this case is sufficient to authorize the finding of the jury that the defendant apparently intended a present assault upon the person of the prosecutor, and that- he was only prevented from immediately carrying out such intention by the countei;-menaee, of; the prosecutor and by the interference of a third party. Thomas v. State, 99 Ga. 38 (26 S. E. 748), and citations. Judgment affirmed.

B. Wall, for plaintiff in error. A. J. McDonald, solicitor, Walter F. George, contra.

Case Details

Case Name: Rutherford v. State
Court Name: Court of Appeals of Georgia
Date Published: Jan 27, 1909
Citation: 5 Ga. App. 482
Docket Number: 1546
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.