Supreme Court of Georgia, 1906

Miller v. State

Miller v. State
Supreme Court of Georgia · Decided July 3, 1906 · Atkinson
125 Ga. 788; 54 S.E. 692; 1906 Ga. LEXIS 272

Miller v. State

Opinion of the Court

Atkinson, J.

1. The testimony of the prosecutor that he was “cut” and “stabbed” with a knife by the defendant was sufficient to authorize the jury in finding that there was in fact such penetration as would constitute the offense of stabbing. See Ward v. State, 56 Ga. 409.

2. The evidence being sufficient to support the verdict, the discretion of the court below in refusing a new trial will not be disturbed.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

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