Croy v. State
Court of Appeals of Georgia
Accusation of riot, from city court of Dalton — Judge Longley. April 13, 1908. The accusation charged the plaintiff in error with the offense of .riot, in that he did, in violent and tumultuous manner, and jointly with four other named persons, and in execution of a common intent, obstruct, resist, and oppose the marshal of the city of Dalton in making an arrest, and did unlawfully assault the marshal, and did otherwise act in a violent and tumultuous manner.
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Accusation of riot, from city court of Dalton — Judge Longley. April 13, 1908. The accusation charged the plaintiff in error with the offense of .riot, in that he did, in violent and tumultuous manner, and jointly with four other named persons, and in execution of a common intent, obstruct, resist, and oppose the marshal of the city of Dalton in making an arrest, and did unlawfully assault the marshal, and did otherwise act in a violent and tumultuous manner. The evidence introduced by the State shows, that the marshal, acting upon information that a brother of the defendant had committed an…
1Opinion of the CourtHill, C. J.
To constitute tlie offense of riot, tliere must be two or more persons acting jointly and in execution of a common intent, in the commission of an unlawful act of violence, or of some other act in a violent and tumultuous manner. Where the evidence shows that the act committed by the accused, whether an unlawful act of violence or otherwise, was not done in execution of a common intent with any other person, and not done, jointly with another, but by him alone, a verdict finding him guilty of riot was contrary to law, and a new trial should have been, granted. Penal Code, § 354; Stanfield v.…
2Cases cited2 opinions
- Robinson v. StateSupreme Court of Georgia · 1890
- Stanfield v. StateCourt of Appeals of Georgia · 1907