Loyd v. State
Supreme Court of Georgia
Criminal Law and Pleading. Before Judge Clark. Macon Superior Court. May Term, 1871. In the same bill of indictment, John R. Holsenbake was indicted for murdering George W. Fish, and James C. Loyd, was indicted for being accessory before the fact. The first count was against Holsenbake, as principal perpetrator, and began and concluded in the forms required by section 4536 of the Revised Code.
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Criminal Law and Pleading. Before Judge Clark. Macon Superior Court. May Term, 1871. In the same bill of indictment, John R. Holsenbake was indicted for murdering George W. Fish, and James C. Loyd, was indicted for being accessory before the fact. The first count was against Holsenbake, as principal perpetrator, and began and concluded in the forms required by section 4536 of the Revised Code. But the second count, which charged Loyd, while it concluded with “ contrary to the laws of said State,” etc., as is required by said section, began simply, “and that James C. Loyd, etc., omitting the…
1Opinion of the Court
McCay, Judge.
1. That a principal felon and an accessory before the fact maybe included in the same indictment, with proper charges and averments against each, seems unquestionable. Such was the settled rule of the common law: Bullock vs. The State, 10th Ga., 47. And such would seem, in the nature of things, right and proper. They are, in a very proper sense, joint offenders, both concurring, at least in intent, in the crime.
2. Our Code, even as to the substantial averments in an indictment, only requires that they should be stated so as .to be easily understood by the jury : Code, section…
2Cited by24 opinions
- Taylor v. StateSupreme Court of Georgia · 1898
- Chambers v. StateSupreme Court of Georgia · 1942
- Ford v. StateSupreme Court of Georgia · 1926
- Rogers v. StateSupreme Court of Georgia · 1907
- Tarver v. StateSupreme Court of Georgia · 1905
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