Walker v. State

Court of Appeals of Georgia

Walker v. State

87 S.E. 711, 17 Ga. App. 525, 1916 Ga. App. LEXIS 751

CourtCourt of Appeals of Georgia

DecidedJanuary 21, 1916

Docket7054

StatusPublished

Cited by3 cases

This text of 87 S.E. 711 (Walker 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

Walker v. State, 87 S.E. 711, 17 Ga. App. 525, 1916 Ga. App. LEXIS 751 (Ga. Ct. App. 1916).

Pincite

Opinion

Wade, J.

1. The essential elements of the offense of riot are common intent and concert of action in the furtherance- of such intent.

(а) “Both common intent and concert of action may be inferred from the manner in which the unlawful act of violence is committed.” Grier v. State, 11 Ga. App. 767 (76 S. E. 70).

(б) The essential elements of the offense were sufficiently shown where three men, one of whom was the defendant, assembled in front of a home of another perhon at night, and one of them cursed her in a violent manner and advised the defendant to shoot her, and idle defendant, acting in conformity with the suggestion, repeatedly fired his pistol at and towards her and her habitation. The act itself was unlawful. See Taylor v. State, 8 Ga. App. 241 (68 S. E. 945). See also Lewis v. State, 2 Ga. App. 659 (58 S. E. 1070).

2. The evidence authorized the verdict, and the judge of the superior court did not err in refusing to sanction the petition for certiorari.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Wade, J.

1. The essential elements of the offense of riot are common intent and concert of action in the furtherance- of such intent.

(а) “Both common intent and concert of action may be inferred from the manner in which the unlawful act of violence is committed.” Grier v. State, 11 Ga. App. 767 (76 S. E. 70).

(б) The essential elements of the offense were sufficiently shown where three men, one of whom was the defendant, assembled in front of a home of another perhon at night, and one of them cursed her in a violent manner and advised the defendant to shoot her, and idle defendant, acting in conformity with the suggestion, repeatedly fired his pistol at and towards her and her habitation. The act itself was unlawful. See Taylor v. State, 8 Ga. App. 241 (68 S. E. 945). See also Lewis v. State, 2 Ga. App. 659 (58 S. E. 1070).

2. The evidence authorized the verdict, and the judge of the superior court did not err in refusing to sanction the petition for certiorari.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

87 S.E. 711, 17 Ga. App. 525, 1916 Ga. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-state-gactapp-1916.

Opinion

Related

Cite This Page — Counsel Stack