Perry v. State
Supreme Court of Georgia
Criminal law. Evidence. Indictment. Before Judge Pottle. Madison Superior Court. March Term, 1879. J. A. Perry was indicted for “aiding and assisting a prisoner in an attempt to escape.”
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Criminal law. Evidence. Indictment. Before Judge Pottle. Madison Superior Court. March Term, 1879. J. A. Perry was indicted for “aiding and assisting a prisoner in an attempt to escape.” The indietment charged. that “a warrant was legally issued in' said county against one Walker C. Perry by Reuben T. McGinnis, J. P., upon the affidavit of Lucy F. Minish . . . upon the charge of an attempt to commit a rape, . . . and afterwards . . . the said Walker O. Perry was arrested by John B. McGinnis, constable, . . . and was taken into custody and legally held under and by virtue of said warrant by…
1Opinion of the Court
Jackson, Justice.
The defendant was indicted for assisting his brother in an attempt to escape, and was convicted therefor. A motion for a new trial was overruled, and he assigns error thereon.
We see no error in overruling that motion.
1. It was not necessary to name the members of the posse of the officer who had charge of the prisoner in the indictment; therefore there was no error in admitting proof that defendant held one of the posse because his name was not set out in the indictment, the indictment setting out the names of the arresting officers, and charging that defendant aided the…
2Cited by3 opinions
- Smith v. StateCourt of Appeals of Georgia · 1910
- People v. BishopCalifornia Court of Appeal · 1988
- People v. BishopCalifornia Court of Appeal · 1988