Grier v. State

Court of Appeals of Georgia

Grier v. State

76 S.E. 70, 11 Ga. App. 767, 1912 Ga. App. LEXIS 168

CourtCourt of Appeals of Georgia

DecidedOctober 22, 1912

Docket4397

StatusPublished

Cited by4 cases

This text of 76 S.E. 70 (Grier v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grier v. State, 76 S.E. 70, 11 Ga. App. 767, 1912 Ga. App. LEXIS 168 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

1. While, to constitute the offense of riot, there must be not only a common intent on the part of the two or more persons to do an unlawful act of violence or some other act in a violent and tumultuous manner, and also concert of action in furtherance of such intent, yet this does not mean that the evidence must show any previous plot or conspiracy on the part of the rioters. Both a common intent and concert of action may be inferred from the manner in which the unlawful act of violence is committed. Coney v. State, 113 Ga. 1060 (30 S. E 425) ; Jemley v. State, 121 Ga 346 (49 S. E. 292).

2 The evidence was sufficient to authorize the jury to infer that the criminal act of violence set out in the indictment was committed by the accused in pursuance of a .common intent and with concert of action; and, in the absence of complaint of any error of law, the conviction for riot must be sustained. Judgment affirmed.

Accusation of riot; from city court of Hall county — Judge Foute presiding. August 30, 1912.

W. B. Sloan, G. N. Davis, for plaintiffs in error. A. G. Wheeler, solicitor, contra.

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Hill, C. J.

1. While, to constitute the offense of riot, there must be not only a common intent on the part of the two or more persons to do an unlawful act of violence or some other act in a violent and tumultuous manner, and also concert of action in furtherance of such intent, yet this does not mean that the evidence must show any previous plot or conspiracy on the part of the rioters. Both a common intent and concert of action may be inferred from the manner in which the unlawful act of violence is committed. Coney v. State, 113 Ga. 1060 (30 S. E 425) ; Jemley v. State, 121 Ga 346 (49 S. E. 292).

2 The evidence was sufficient to authorize the jury to infer that the criminal act of violence set out in the indictment was committed by the accused in pursuance of a .common intent and with concert of action; and, in the absence of complaint of any error of law, the conviction for riot must be sustained. Judgment affirmed.

Accusation of riot; from city court of Hall county — Judge Foute presiding. August 30, 1912.

W. B. Sloan, G. N. Davis, for plaintiffs in error. A. G. Wheeler, solicitor, contra.

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Bluebook (online)

76 S.E. 70, 11 Ga. App. 767, 1912 Ga. App. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grier-v-state-gactapp-1912.

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