125 Ga. 300 | Ga. | 1906
Smith was convicted of the offense of assault with intent to murder. The evidence disclosed that he boarded the rear platform of a trolley-car, and, when approached by the conductor, refused to pay his fare. He was made to do so, however, by a police officer who was on the ear. A few moments after this the policeman left the car, and the accused commenced to act in a disorderly manner, using profane language and continually pulling the bell-cord and ringing the signal-bell. The conductor closed the door of the car so that the misbehavior of the defendant might not disturb the- passengers who were inside the car. The defendant kept up his disorderly conduct, and the conductor remonstrated with him, telling him that Judge Broyles had fined people for doing less than that; whereupon the accused, said, “Cod damn you and Judge Broyles too.” The conductor then “punched” or struck him with his fist, and the accused stabbed him with a knife, the blow being of such force that the instrument penetrated into the conductor’s lungs. The defendant made a motion for a new trial upon the general grounds, and because of the court’s failure to charge the law of voluntary manslaughter; the motion was overruled, and he excepted.
As the verdict was’amply sustained by the evidence, the judgment
Judgment affirmed.