Hately v. State
Supreme Court of Georgia
Misdemeanor, in Cass Superior Court. Decisions by Judge John H. Lumpkin, March Term, 1854. Henry Hately and Clement Turner were indicted jointly, and as principals, for furnishing spirituous liquor to a slave. Hately, alone, was arrested and placed upon his trial. The proof was, that Turner was the Clerk of Hately, and that Turner furnished the liquor to a slave, in the absence of Hately. The Court charged the Jury that upon this -evidence, Hately might be convicted.
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Misdemeanor, in Cass Superior Court. Decisions by Judge John H. Lumpkin, March Term, 1854. Henry Hately and Clement Turner were indicted jointly, and as principals, for furnishing spirituous liquor to a slave. Hately, alone, was arrested and placed upon his trial. The proof was, that Turner was the Clerk of Hately, and that Turner furnished the liquor to a slave, in the absence of Hately. The Court charged the Jury that upon this -evidence, Hately might be convicted. This charge is assigned as error.
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The plaintiff in error and Clement Turner were indicted jointly, as principals, and charged with furnishing spirituous liquor to a slave, without lawful authority.
A principal is one who is the actual perpetrator of the crime; or who is present, aiding and abetting in the same. (1 Hale, 233, 615. 1 Ch. Cr. L. 256.)
The record shows, that Clement Turner was the actual perpetrator of the offence charged in this case, and that the plaintiffin error was not present, actually or constructively. Therefore, he could not have been a principal, in the…
2Cited by12 opinions
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- Loeb v. StateCourt of Appeals of Georgia · 1909
- Chambers v. StateSupreme Court of Georgia · 1942
- Thompson v. StateCourt of Appeals of Georgia · 1952
- Snell v. StateCourt of Appeals of Georgia · 1913
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