Boyd v. State
Supreme Court of Georgia
Murder, in Muscogee Superior Court. Tried before Judge- ' Crawford, June Term, 1854. David Wright, as principal in the first degree, and John T., Boyd, as principal in the second degree, were jointly indicted' for the murder of Mark Robinson. The defendants severe® • and the Solicitor General elected to place Boyd,, the principar •in 2d degree, upon his trial first; which being allowed by the Court, is assigned as error.
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Murder, in Muscogee Superior Court. Tried before Judge- ' Crawford, June Term, 1854. David Wright, as principal in the first degree, and John T., Boyd, as principal in the second degree, were jointly indicted' for the murder of Mark Robinson. The defendants severe® • and the Solicitor General elected to place Boyd,, the principar •in 2d degree, upon his trial first; which being allowed by the Court, is assigned as error. One Kelly being called as a Juror, was asked by prisoner’s Counsel if he lived in the City of Columbus ? He answered yes. The State’s Counsel then asked, him “if he had…
1Opinion of the Court
*196 By the Court.
Liuipkin, J.
delivering the opinion.
[1.] Was it regular for the Court to suffer the principal in the second degree to be tried before the principal in the first degree ? The affirmative of this proposition is fully sustained by the authorities.
“Principals in the second degree,” says Mr. Chitty, “were formerly denominated and regarded as only accessories at the fact. And it seems that he who actually committed the crime, was alone guilty as principal; and those who were present aiding and assisting, were but in the nature of accessories, and could not be put upon their trial until…
2Cited by31 opinions
- Choice v. StateSupreme Court of Georgia · 1860
- State v. SteevesOregon Supreme Court · 1896
- North v. PeopleIllinois Supreme Court · 1891
- Williams v. StateSupreme Court of Georgia · 1882
- Von Patzoll v. United StatesCourt of Appeals for the Tenth Circuit · 1947
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