Robinson v. State
Supreme Court of Georgia
• Criminal law. Evidence. Continuance. Jury and jurors. Practice. Sentence. Charge of court. Alibi. Officers. Arrest. Before Judge Richard H. Clark. Dekalb superior court. February term, 1888. Robinson and Jack and Henry Goldsmith, with others, were indicted for aiding one Hubbard, alias Hubert, to escape from the custody of the marshal of the town of Decatur. The three named were separately tried and found guilty, and each excepted to the refusal of a new trial.
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• Criminal law. Evidence. Continuance. Jury and jurors. Practice. Sentence. Charge of court. Alibi. Officers. Arrest. Before Judge Richard H. Clark. Dekalb superior court. February term, 1888. Robinson and Jack and Henry Goldsmith, with others, were indicted for aiding one Hubbard, alias Hubert, to escape from the custody of the marshal of the town of Decatur. The three named were separately tried and found guilty, and each excepted to the refusal of a new trial. The evidence introduced for the State tended to show that Hurst, who made the arrest, had been duly elected marshal of the town of…
1Opinion of the Court
Bleckley, Chief Justice.
1. These indictments being, for the offence of aiding Wesley Hubert, a prisoner, to escape from custody, the first question is, whether the offence proved was the one- charged, or whether it was the offence of rescue. The two relevant sections of the code are as follows : « Rescue is the forcibly and knowingly freeing another from arrest or imprisonment.” §4478. “If any person or persons shall aid or assist any prisoner to escape or attempt to escape from the custody of any sheriff, coroner, constable, officer, or other person, who shall have the lawful charge of such…
2Cases cited2 opinions
- Collins v. StateSupreme Court of Georgia · 1884
- Johnson v. StateSupreme Court of Georgia · 1877
3Cited by28 opinions
- Elliott v. StateSupreme Court of Georgia · 2019
- Hyde v. StateSupreme Court of Georgia · 1943
- O'Dell v. StateSupreme Court of Georgia · 1904
- Coleman v. StateSupreme Court of Georgia · 1914
- Anderson v. StateWyoming Supreme Court · 1921
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