1180 | Ga. Ct. App. | Jun 18, 1908
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" date_filed="1907-04-25" court="Ga. Ct. App." case_name="Underwood v. Bass & Heard">57 S. E. 953) ; Robinson v. State, 84 Ga. 680 (11 S.E. 544" date_filed="1890-03-14" court="Ga." case_name="Robinson v. State">11 S. E. 544).
Judgment reversed.