Shaw v. State

Court of Appeals of Georgia

Shaw v. State

33 S.E.2d 849, 72 Ga. App. 347, 1945 Ga. App. LEXIS 576

CourtCourt of Appeals of Georgia

DecidedApril 12, 1945

Docket30794.

StatusPublished

This text of 33 S.E.2d 849 (Shaw 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

Shaw v. State, 33 S.E.2d 849, 72 Ga. App. 347, 1945 Ga. App. LEXIS 576 (Ga. Ct. App. 1945).

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Opinion

Broyles, C. J.

Addison Davis, alias “Pie John,” Arthur McWhorter, alias “Bo Rat,” and Odessa Shaw, were jointly indicted for the offense of robbery, and were tried together. The evidence showed that Davis and McWhorter were the actual perpetrators of the robbery; but, in our opinion, it failed to disclose beyond a reasonable doubt that the defendant Shaw had in any way aided in or abetted the commission of the offense, or had entered into a conspiracy with Davis and Mc-Whorter to commit the robbery. Therefore, her conviction was contrary to law and the evidence, and the denial of a new trial was error.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

Addison Davis, alias “Pie John,” Arthur McWhorter, alias “Bo Rat,” and Odessa Shaw, were jointly indicted for the offense of robbery, and were tried together. The evidence showed that Davis and McWhorter were the actual perpetrators of the robbery; but, in our opinion, it failed to disclose beyond a reasonable doubt that the defendant Shaw had in any way aided in or abetted the commission of the offense, or had entered into a conspiracy with Davis and Mc-Whorter to commit the robbery. Therefore, her conviction was contrary to law and the evidence, and the denial of a new trial was error.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

33 S.E.2d 849, 72 Ga. App. 347, 1945 Ga. App. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-state-gactapp-1945.