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Berryhill v. State

107 S.E. 158, 151 Ga. 416, 1921 Ga. LEXIS 272
CourtSupreme Court of Georgia
DecidedApril 14, 1921
DocketNo. 2335
StatusPublished
Cited by17 cases

This text of 107 S.E. 158 (Berryhill v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berryhill v. State, 107 S.E. 158, 151 Ga. 416, 1921 Ga. LEXIS 272 (Ga. 1921).

Opinion

Atkinson, J.

1. Where two or more persons conspire to rob another who is employed in a building, and one of the conspirators keeps wateh or guard at a convenient distance while the others enter the building and, in furtherance of the common design to rob, kill the person intended to be robbed, sueh killing is a probable consequence of the unlawful design to rob, and all the conspirators are guilty of murder, including the one on guard. Penal Code (1910), § 42; 1 Wharton’s Criminal Law (11th ed.), § 258; Wharton on Homicide (3d ed.l, 660, § 430; Clark’s Criminal Law (2d ed.), 106, § 47; Brennan v. People. 15 Ill. 511; Stephens v. State, 42 Ohio St. 150; Miller v. State, 25 Wis. 384; State v. Barrett, 40 Minn. 77 (41 N. W. 463); Weston v. Commonwealth, 111 Pa. 251 (2 Atl. 191). In this case there was sufficient evidence to authorize a charge to the jury applying the foregoing legal principle.

2. The verdict finding the defendant guilty of murder was authorized by the evidence, and the judge did not err in refusing a new trial.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
107 S.E. 158, 151 Ga. 416, 1921 Ga. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berryhill-v-state-ga-1921.