Smith v. State

"Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumult- nous maimer shall be guilty of a riot and be punished as for a misdemeanor.” Code, § 26-5302. “To constitute the offense of riot, there must be not only a common intent on the part of two or more persons to do an unlawful act of violence or some other act in a violent and tumultuous manner, but also concert of action in furtherance of such intent.” Coney v. State, 113 Ga. 1060 (39 S. E. 425). “The mere making a noise or behaving tumultuously will not alone constitute riot, in the…