Prince v. State
Supreme Court of Georgia
Indictment for Riot, in Whitfield Superior Court. Tried before Judge Crook, at November Term, 1859. The plaintiffs in error were indicted for a riot. At the trial, their counsel moved to quash the indictment, on the ground that there was no averment or allegation therein that defendants committed any act in a violent and tumultuous manner, and because it is alleged that they fought, or had a fight only, which does not, in law, amount to a riot.
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Indictment for Riot, in Whitfield Superior Court. Tried before Judge Crook, at November Term, 1859. The plaintiffs in error were indicted for a riot. At the trial, their counsel moved to quash the indictment, on the ground that there was no averment or allegation therein that defendants committed any act in a violent and tumultuous manner, and because it is alleged that they fought, or had a fight only, which does not, in law, amount to a riot. The Court refused the motion, and defendants excepted. The testimony being closed, counsel for defendants requested the Court to charge: 1st. That if…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
We think that the facts in this case do not constitute a riot. A riot, according to the definition in our Code, is where “ any two or more persons, either with or without a common cause of quarrel, do an unlawful act of violence, or any other act in a violent and tumultuous manner.” There must be as many as two persons, and they must do the same act. To be sure, it is not necessary that they should do the same act, in the sense that, what each ODe does, must be identical with what is done by each of the others. If so, a riot is an…
2Cited by8 opinions
- Loomis v. EdwardsCourt of Appeals of Georgia · 1949
- State v. AllenOregon Supreme Court · 1936
- Galveston, Harrisburg & San Antonio Railway Co. v. CooperCourt of Appeals of Texas · 1893
- Dixon v. StateSupreme Court of Georgia · 1898
- Coney v. StateSupreme Court of Georgia · 1901
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