Plain v. State
Supreme Court of Georgia
Criminal law. Evidence. Principals. Charge of Court. Sentence. Practice in the Superior Court. 'Before Judge Underwood. Polk Superior Court.
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Criminal law. Evidence. Principals. Charge of Court. Sentence. Practice in the Superior Court. 'Before Judge Underwood. Polk Superior Court. August Term, 1877. An indictment was found against Plain and others, the material portion of which was as follows : “ Charge and accuse Perry Plain, Young Prior and Poster Peck, of the county and state aforesaid, with the offense of assault with intent to murder, for that the said Perry Plain, Young Prior and Poster-, in the county and state aforesaid, on December 25th, 1876, did then and there commit an assault, and with two large rocks and with two…
1Opinion of the Court
Bleckley, Judge.
1. An indictment against many is good against any one of them, without proof of concert or conspiracy, if the offense be such as that one could commit it alone. Assault with intent to murder. is such an offense. Evidence was admissible that the prisoner then on trial threw a rock or a brickbat, or both. The doubt of the witness as to the ehai’acter of the missiles was no reason for excluding the evidence. The indictment covered both rocks and pieces of brick. The witness was within it, though he could not be certain whether there was a rock and a brickbat, or whether there…
2Cases cited4 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Whitten v. StateSupreme Court of Georgia · 1872
- Jobe v. StateSupreme Court of Georgia · 1859
- Ward v. StateSupreme Court of Georgia · 1876
3Cited by17 opinions
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- Rutland v. StateCourt of Appeals of Georgia · 1914
- Cochran v. StateSupreme Court of Georgia · 1901
- Sheffield v. StateCourt of Appeals of Georgia · 1971
- Hatcher v. StateSupreme Court of Georgia · 1933
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