Gibson v. State
Supreme Court of Georgia
Criminal law. Insurrection, etc. Before Judge Harrell, Early Superior Court. October Term, 1868. The indictment in this case charged “ John T. Gibson, a free person of color, of the county and State aforesaid, with the offence of an attempt to incite insurrection ; for that the said John T. Gibson, a free person of color, on the 18th day of August, in the year eighteen hundred and sixty-eight, in the county aforesaid, did then and there unlawfully and with, force and arms,…
Read the full summary
Criminal law. Insurrection, etc. Before Judge Harrell, Early Superior Court. October Term, 1868. The indictment in this case charged “ John T. Gibson, a free person of color, of the county and State aforesaid, with the offence of an attempt to incite insurrection ; for that the said John T. Gibson, a free person of color, on the 18th day of August, in the year eighteen hundred and sixty-eight, in the county aforesaid, did then and there unlawfully and with, force and arms, counsel, advise and persuade, Isaac Ryals, Ed Ryals, Henry Everett and about one hundred others, free persons of color,…
1Opinion of the CourtBrows, C. J.
1. The verdict of the jury was accompanied by no recommendation to mercy, and the penalty in this case, if there be any, is death. It is a well known rule of law, that penal statutes are to receive a strict construction in favor of life.
2. Section 4250 of the Revised Code declares, that “ Any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful authority of the State, shall constitute an attempt to incite insurrection/’
This does not contemplate an attempt by the defendant at insurrection, or to commit insurrection by himself, but an attempt to…
2Cited by10 opinions
- Herndon v. StateSupreme Court of Georgia · 1934
- Johnson v. StateSupreme Court of Georgia · 1930
- Riley v. GarrettSupreme Court of Georgia · 1963
- Wood v. StateSupreme Court of Georgia · 1963
- State v. ChapmanSupreme Court of Kansas · 1885
5 more not listed; retrieve them via the Exa API.