Georgia Court of Appeals, 1910

Gaines v. State

Gaines v. State
Georgia Court of Appeals · Decided February 10, 1910 · Russell
7 Ga. App. 397; 66 S.E. 1099; 1910 Ga. App. LEXIS 318

Gaines v. State

Opinion of the Court

Russell, J.

The decision of this ease is controlled by the ruling of the Supreme Court in Dorsey v. State, 108 Ga. 477 (34 S. E. 135). Even if an assault was proved, the inference that the defendant intended to commit the offense charged is not exclusive of other hypotheses, which are equally well supported by the evidence. Judgment reversed.

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