Georgia Court of Appeals, 1908

Croy v. State

Croy v. State
Georgia Court of Appeals · Decided June 18, 1908 · Hill
4 Ga. App. 457; 61 S.E. 847; 1908 Ga. App. LEXIS 440

Croy v. State

Opinion of the Court

Hill, C. J.

To constitute tlie offense of riot, tliere must be two or more persons acting jointly and in execution of a common intent, in the commission of an unlawful act of violence, or of some other act in a violent and tumultuous manner. Where the evidence shows that the act committed by the accused, whether an unlawful act of violence or otherwise, was not done in execution of a common intent with any other person, and not done, jointly with another, but by him alone, a verdict finding him guilty of riot was contrary to law, and a new trial should have been, granted. Penal Code, § 354; Stanfield v. State, 1 Ga. App. 532 (57 S. E. 953) ; Robinson v. State, 84 Ga. 680 (11 S. E. 544).

Judgment reversed.

George G. Glenn, for plaintiff in error. Samuel P. Maddox, solicitor-general, contra.

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