Legal Opinion

Roper v. State

Court of Appeals of Georgia

Decided July 14, 1944No. 30481Published

1Opinion of the CourtMacIntyre, J.

A principal in the first degree, the second degree, and accessories before the fact, are defined in the present Code as follows: “A person may be principal in an offense in two degrees. A principal in the first degree is the actor or absolute perpetrator of the crime. A principal, in the second degree is he who is present, aiding and abetting the act to be done; which presence need not alwhys be an actual, immediate standing by, within sight or hearing of the act; but there may be also a constructive presence, as when one commits a robbery, or murder, or other crime, and another keeps watch…

2Cases cited5 opinions

  1. Cantrell v. StateSupreme Court of Georgia · 1913
  2. Chambers v. StateSupreme Court of Georgia · 1942
  3. Braxley v. StateCourt of Appeals of Georgia · 1915
  4. Zorn v. Hannah & Co.Supreme Court of Georgia · 1896
  5. Love v. StateCourt of Appeals of Georgia · 1943

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