Rachels v. State
Supreme Court of Georgia
New trial. Criminal law. Riot. Immaterial error. Before Judge Stkozbr. Mitchell Superior Court. May Adjourned Term, 1873. Rachels was jointly indicted with one John Jones for the offense of riot, alleged to have been committed on October 21st, 1871. At the November term, 1872, Jones was tried and acquitted. At the May adjourned term, 1873, when the case against Rachels was called, he moved to quash the indictment on the ground that he could not, by himself, commit a riot.
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New trial. Criminal law. Riot. Immaterial error. Before Judge Stkozbr. Mitchell Superior Court. May Adjourned Term, 1873. Rachels was jointly indicted with one John Jones for the offense of riot, alleged to have been committed on October 21st, 1871. At the November term, 1872, Jones was tried and acquitted. At the May adjourned term, 1873, when the case against Rachels was called, he moved to quash the indictment on the ground that he could not, by himself, commit a riot. The motion was overruled, and defendant excepted. The evidence made, substantially, the following case: On the day alleged…
1Opinion of the Court
McCay, Judge.
1. Our Code, section 4514, is in these words: “If any two or more persons, either with or without a common cause of quarrel, do an unlawful act of violence, or any other act in a violent and tumultuous manner, such persons so offending shall be guilty of a riot.” Evidently here are two modes in which, under our law, a riot may be committed. If two or more persons do any unlawful act of violence, this is a riot; it may or may not be done in a violent and tumultuous manner. Again, if two or more persons, either with or without a common cause of quarrel, do any act in a violent and…
2Cited by3 opinions
- Nobles v. StateSupreme Court of Georgia · 1896
- Dixon v. StateSupreme Court of Georgia · 1898
- Miller v. StateCourt of Appeals of Georgia · 1956