Swarn v. State

Supreme Court of Georgia

Swarn v. State

198 S.E.2d 177, 230 Ga. 552, 1973 Ga. LEXIS 979

CourtSupreme Court of Georgia

DecidedMay 10, 1973

Docket27778

StatusPublished

Cited by5 cases

This text of 198 S.E.2d 177 (Swarn 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

Swarn v. State, 198 S.E.2d 177, 230 Ga. 552, 1973 Ga. LEXIS 979 (Ga. 1973).

Pincite

Opinion

*552 Gunter, Justice.

The appellant here was convicted for murder and received a life sentence in the trial court. He has appealed, and his primary contention here is that the evidence did not support the verdict.

The evidence was to the effect that the appellant did not fire the gun which wounded the victim and caused death. However, there was evidence that the appellant was present when the crime was committed, that he had previously made threats "to get” the victim, and that he provided the gun with which the victim was shot.

Code Ann. § 26-801 (a) provides as follows: "Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.”

Subsection (b) of that same Code section provides that a person is concerned in the commission of a crime only if he "(3) intentionally aids or abets in the commission of the crime.”

Having carefully reviewed the transcript, we conclude that the evidence was sufficient to support the conviction in this case.

Judgment affirmed.

All the Justices concur. *553 Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.

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