Legal Opinion

Fisher v. State

Supreme Court of Georgia

Decided December 21, 1886PublishedCited by 1 opinion

Criminal Law. Riot. Before Judge Harris. Coweta Superior Court. March Term, 1886. Clark Fisher and several others were indicted for riot. Fisher pleaded not guilty. The evidence for the State showed, in brief, the following facts: A policeman arrested one Beadles; whereupon a large crowd of negroes gathered about the officer and the prisoner, declaring that the latter should not be imprisoned. Other police arrived, and the prisoner was safely conducted to jail.

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Criminal Law. Riot. Before Judge Harris. Coweta Superior Court. March Term, 1886. Clark Fisher and several others were indicted for riot. Fisher pleaded not guilty. The evidence for the State showed, in brief, the following facts: A policeman arrested one Beadles; whereupon a large crowd of negroes gathered about the officer and the prisoner, declaring that the latter should not be imprisoned. Other police arrived, and the prisoner was safely conducted to jail. Fisher was prominent in the crowd, using violent, threatening and profane language. One of the mob took hold of the prisoner and…

1Opinion of the Court

Hall, Justice.

The defendant, with a number of others, came together in a violent and tumultuous manner, and by menaces and threats, endeavored to rescue from the hands of an officer a party he had arrested and held in custody to answer for an offence against the laws of the State. Upon being convicted of riot and sentenced, he sought a new trial, which was refused him, and he alleges that the judgment refusing it was erroneous, because he was not amenable to the law for simply making a noise or behaving tumultuously, violence being an essential ingredient in the offence of riot, and as he did…

2Cases cited2 opinions

  1. Barron v. StateSupreme Court of Georgia · 1885
  2. Stokes v. StateSupreme Court of Georgia · 1884

3Cited by1 opinion

  1. Green v. StateSupreme Court of Georgia · 1900

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