Dorsey v. Reddy

1. This case comes to us on certiorari to the Court of Appeals. A grand jury in the Superior Court of Clarke County indicted Mrs. Kathleen Drewry for the penal offense of assault with intent to murder. The indictment in substance alleges that she unlawfully shot Miss Miriam Thurmond on December 23, 1949, with an intent to kill and murder her. She was convicted of the offense charged and was sentenced to serve a term of from two to four years in the penitentiary. The Court of Appeals, with Judges Townsend and Felton Dissenting, affirmed the conviction, and the majority, among other rulings, held that the presiding Judge did not err on the trial, as contended, in refusing to declare a mistrial on the defendants motion therefor or in failing, on timely written request therefor, to charge on the law respecting common-law marriages and the mutual right of such contracting parties to protect the relationship created thereby. Drewry v. State, 83 Ga. App. 354 (63 S.E.2d 429). And since these are the only rulings made by the Court of Appeals upon which error is assigned in the petition for the writ of certiorari, we will consider no other question made by the record. Certiorari Rule 45 (Code, § 24-4549); Hall v. State, 202 Ga. 619 (44 S.E.2d 234); Siegel v. State, 206 Ga. 252 (supra).