Stanley v. State

Full title: STANLEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 2, 1940

11 S.E.2d 51 (Ga. Ct. App. 1940)

63 Ga. App. 292

Opinion

28431.

DECIDED OCTOBER 2, 1940.

Assault with intent to murder; from Lowndes superior court — Judge W. E. Thomas. March 14, 1940.

Hamilton Burch, for plaintiff in error.

George R. Lilly, solicitor-general, Claude Shaw Jr., contra.

BROYLES, C. J.

The defendant was convicted of an assault with intent to murder. The evidence was wholly circumstantial, and was insufficient to support the verdict. It follows that the court erred in overruling the motion for new trial embracing the general grounds only.

Judgment reversed. MacIntyre and Gardner, JJ., concur.

DECIDED OCTOBER 2, 1940.