Legal Opinion

Kilcrease v. State

Court of Appeals of Georgia

Decided March 6, 1918No. 9439Published

Accusation of riot; from city court of Statesboro — Judge Proctor. November 12, 191?. Will Kilcrease and Milledge Harley were charged with the offense of riot.

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Accusation of riot; from city court of Statesboro — Judge Proctor. November 12, 191?. Will Kilcrease and Milledge Harley were charged with the offense of riot. The accusation charged that the defendants, acting with a common intent and in a violent and tumultuous manner, did go to the dwelling house of one Lula Lawrence and Mattie May Lawrence and commit an unlawful act of violence, to wit, did then and there make an assault upon Lula Lawrence and Mattie May Lawrence, and did point a pistol at the said Mattie May Lawrence; and the accusation in the second count charged that the defendants,…

1Opinion of the CourtHarwell, J.

(After stating the foregoing facts.) From the facts as they appear in the record in the instant ease, there was some evidence authorizing the jury to find the defendant guilty of riot, and this court will not interfere. Lewis v. State, 3 Ga. App. 659 (58 S. E. 1070); Grier v. State, 11 Ga. App. 767 (76 S. E. 70); Rachels v. State, 51 Ga. 375; Sanders v. State, 60 Ga. 136.

Judgment affirmed.

Broyles, P. J., and Bloodworth, J., concur.

2Cases cited4 opinions

  1. Mayor of Macon v. Macon Savings BankSupreme Court of Georgia · 1878
  2. Grier v. StateCourt of Appeals of Georgia · 1912
  3. Lewis v. StateCourt of Appeals of Georgia · 1907
  4. Howard v. StateCourt of Appeals of Georgia · 1908

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