Dalton v. State
Supreme Court of Georgia
Indictment for attempt to wreck train. Before Judge Russell.. Gwinnett superior court. March 23, 1901. J. T. Patterson and John Dalton were indicted for attempting to wreck a railroad-train. Dalton was tried and found guilty; and his motion for a new trial, upon the general grounds, having been overruled, he excepted.
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Indictment for attempt to wreck train. Before Judge Russell.. Gwinnett superior court. March 23, 1901. J. T. Patterson and John Dalton were indicted for attempting to wreck a railroad-train. Dalton was tried and found guilty; and his motion for a new trial, upon the general grounds, having been overruled, he excepted. The following appears from the evidence: On October 20, 1900, Patterson went to the agent of the railway in Lawrenceville and told him of a plot to wreck a train. The agent reported the matter to the superintendent, who sent an inspector to Lawrenceville on the next day.…
1Opinion of the CourtCobb, J.
When one is informed that another intends to commit an offense against him or his property, the law permits him to afford opportunities for its commission and lay traps which may result in the detection of the offender. To this end he may employ another to act with the intending criminal and he present with him at the time the crime is to be committed; and if the intending criminal does himself acts which would constitute the offense, he will not, when charged with the crime, he protected from punishment by reason of the fact that, at the time the criminal act was-performed by him, another,…
2Cases cited4 opinions
- Williams v. StateSupreme Court of Georgia · 1875
- State v. JansenSupreme Court of Kansas · 1879
- Varner v. StateSupreme Court of Georgia · 1884
- Speiden v. StateCourt of Appeals of Texas · 1877
3Cited by16 opinions
- People v. LanzitCalifornia Court of Appeal · 1925
- Sutton v. StateCourt of Appeals of Georgia · 1938
- Allen v. StateCourt of Appeals of Georgia · 1969
- Raftis v. StateCourt of Appeals of Georgia · 1985
- United States v. AbdallahCourt of Appeals for the Second Circuit · 1945
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