Legal Opinion

Hansford v. State

Supreme Court of Georgia

Decided January 15, 1875PublishedCited by 11 opinions

Criminal law. Principal. Indictment. Statute of limitations. Before Judge Knight. Milton Superior Court. August Term, 1874. At the August terra, 1874, of Milton superior court, an indictment was found against Hansford and others, of which the following is a copy: “STATE OF GEORGIA — Miuton County.

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Criminal law. Principal. Indictment. Statute of limitations. Before Judge Knight. Milton Superior Court. August Term, 1874. At the August terra, 1874, of Milton superior court, an indictment was found against Hansford and others, of which the following is a copy: “STATE OF GEORGIA — Miuton County. “The grand jurors, etc., charge and accuse Lewis Tucker, Robert Camp, Marion Hansford and Rachel Tucker, principals in the first degree, and George W. Hansford, principal in the second degree, of the county and state aforesaid, with the offense of assault and battery. For that (he said Lewis Tuckgr,…

1Opinion of the Court

Trippe, Judge.

1. The tenor of the decisions of this court has been that the common law rule that in misdemeanors there were no principals in the second degree, has never been changed by statute; and in Lewis vs. The State, 33 Georgia, 137, it was very strongly intimated that had it been necessary to put the judgment on that ground, it would have been so held : See McCoy vs. The State, 52 Georgia, 287.

2. If, however, one be charged as such principal, and the acts alleged in the indictment would make him guilty as one of the real perpetrators of the misdemeanor, the words, “principal in the…

2Cited by11 opinions

  1. Kinnebrew v. StateSupreme Court of Georgia · 1887
  2. State v. SheffieldUtah Supreme Court · 1915
  3. Chambers v. StateSupreme Court of Georgia · 1942
  4. Tarlor v. StateCourt of Appeals of Georgia · 1931
  5. Cohen v. StateCourt of Appeals of Georgia · 1907

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