Screws v. State

Supreme Court of Georgia

Screws v. State

4 S.E.2d 601, 188 Ga. 678, 1939 Ga. LEXIS 599

CourtSupreme Court of Georgia

DecidedSeptember 14, 1939

DocketNo. 12904

StatusPublished

Cited by7 cases

This text of 4 S.E.2d 601 (Screws 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.

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Screws v. State, 4 S.E.2d 601, 188 Ga. 678, 1939 Ga. LEXIS 599 (Ga. 1939).

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Opinion

Atkinson, Presiding Justice.

1. “A principal in the second degree, except where it is otherwise provided, shall receive the same punishment that is provided for the principal in the first degree.” Code, § 26-502.

2. “Where an indictment charges the accused jointly with another as principal, and where the evidence shows that another inflicted the mortal blow — the accused being present aiding and abetting, both are principals in law, as well as in fact; and the stroke of one being the stroke of the other, a verdict finding the former guilty as a principal in the second degree is not illegal and will not require the grant of a new trial. Hill v. State, 28 Ga. 604.” Johnson v. State, 151 Ga. 21 (2) (105 S. E. 603). See Nelson v. State, 187 Ga. 576 (2) (1 S. E. 2d, 641).

3. The evidence was sufficient to support the verdict, declaring the defendant “guilty,” and recommending mercy. There was no error in overruling the motion for new trial based solely on the general grounds.

Judgment affirmed.

All the Justices concur.

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Atkinson, Presiding Justice.

1. “A principal in the second degree, except where it is otherwise provided, shall receive the same punishment that is provided for the principal in the first degree.” Code, § 26-502.

2. “Where an indictment charges the accused jointly with another as principal, and where the evidence shows that another inflicted the mortal blow — the accused being present aiding and abetting, both are principals in law, as well as in fact; and the stroke of one being the stroke of the other, a verdict finding the former guilty as a principal in the second degree is not illegal and will not require the grant of a new trial. Hill v. State, 28 Ga. 604.” Johnson v. State, 151 Ga. 21 (2) (105 S. E. 603). See Nelson v. State, 187 Ga. 576 (2) (1 S. E. 2d, 641).

3. The evidence was sufficient to support the verdict, declaring the defendant “guilty,” and recommending mercy. There was no error in overruling the motion for new trial based solely on the general grounds.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

4 S.E.2d 601, 188 Ga. 678, 1939 Ga. LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/screws-v-state-ga-1939.

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