Legal Opinion

Henderson v. State

Court of Appeals of Georgia

Decided January 27, 1909No. 1579PublishedCited by 9 opinions

Indictment for attempt to wreck train, from Floyd superior court —Judge Wright. October 14, 1908.

1Opinion of the CourtPowell, J.

1. A person coerced, by fear of danger to life or limb, to join with another in the commission of a crime is not an accomplice. Penal Code, § 41; Beal v. State, 72 Ga. 200.

2. The coercion necessary to relieve a person joining in the commission of a crime from such responsibility as to make him an accomplice must be such as to put him in danger of his life or member, or in reasonable fear that his life or limb is in danger. However, where in a given case the alleged coercion consisted in a threat to kill, made by a person having a gun as a present means of executing the threat, it was not…

2Cited by9 opinions

  1. Jones v. StateSupreme Court of Georgia · 1988
  2. Mimbs v. StateSupreme Court of Georgia · 1939
  3. Phillips v. StateCourt of Appeals of Georgia · 1984
  4. Daniels v. StateCourt of Appeals of Georgia · 1987
  5. McKenzie v. StateCourt of Appeals of Georgia · 1910

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