Legal Opinion

Walker v. State

Court of Appeals of Georgia

Decided January 21, 1916No. 7054PublishedCited by 3 opinions

Certiorari; from Wayne superior court — Judge Highsmith. October 23, 1915.

1Opinion of the CourtWade, J.

1. The essential elements of the offense of riot are common intent and concert of action in the furtherance- of such intent.

(а) “Both common intent and concert of action may be inferred from the manner in which the unlawful act of violence is committed.” Grier v. State, 11 Ga. App. 767 (76 S. E. 70).

(б) The essential elements of the offense were sufficiently shown where three men, one of whom was the defendant, assembled in front of a home of another perhon at night, and one of them cursed her in a violent manner and advised the defendant to shoot her, and idle defendant, acting in conformity…

2Cases cited3 opinions

  1. Taylor v. StateCourt of Appeals of Georgia · 1910
  2. Grier v. StateCourt of Appeals of Georgia · 1912
  3. Lewis v. StateCourt of Appeals of Georgia · 1907

3Cited by3 opinions

  1. Loomis v. StateCourt of Appeals of Georgia · 1948
  2. State v. WinkelsSupreme Court of Minnesota · 1939
  3. Moncrief v. StateCourt of Appeals of Georgia · 1927

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