Legal Opinion

Grier v. State

Court of Appeals of Georgia

Decided October 22, 1912No. 4397PublishedCited by 4 opinions

Accusation of riot; from city court of Hall county — Judge Foute presiding. August 30, 1912.

1Opinion of the CourtHill, C. J.

1. While, to constitute the offense of riot, there must be not only a common intent on the part of the two or more persons to do an unlawful act of violence or some other act in a violent and tumultuous manner, and also concert of action in furtherance of such intent, yet this does not mean that the evidence must show any previous plot or conspiracy on the part of the rioters. Both a common intent and concert of action may be inferred from the manner in which the unlawful act of violence is committed. Coney v. State, 113 Ga. 1060 (30 S. E 425) ; Jemley v. State, 121 Ga 346 (49 S. E. 292).

2…

2Cases cited2 opinions

  1. Coney v. StateSupreme Court of Georgia · 1901
  2. Jemley v. StateSupreme Court of Georgia · 1904

3Cited by4 opinions

  1. Walker v. StateCourt of Appeals of Georgia · 1916
  2. Kilcrease v. StateCourt of Appeals of Georgia · 1918
  3. Moncrief v. StateCourt of Appeals of Georgia · 1927
  4. Oglesby v. StateCourt of Appeals of Georgia · 1913

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