109 Ga. 536 | Ga. | 1900
Lead Opinion
Jonas Green, Moses Miller Jr., Lawrence Baker, and a number of others were arraigned in the superior court of McIntosh county, on an indictment containing two counts, each of which charged the commission of the offense of riot. The first count charged that these persons, on a day named, “ having a common cause of quarrel, did violently and tumultuously commit an unlawful act of violence, by preventing the sheriff of said county from removing from the common jail of said county one Henry Delegal, a prisóner therein under the laws of Georgia, to the terror of the people and contrary to the laws of said State,” etc. The second count charged that the persons named in the indictment, “with a common cause of quarrel, did in a violent and tumultuous manner prevent the sheriff of McIntosh county from removing from the common jail of said county one Henry Delegal, therein confined under the laws of Georgia.” The accused'filed demurrers, both general and special, to the indictment, the special demurrers being as follows: (1) The indictment does not set forth or describe in the first count thereof any unlawful act of violence which prevented the sheriff from removing Delegal from the common jail of McIntosh county. (2) The indictment does not in the second count thereof allege any act done in a violent and tumultuous manner which prevented the sheriff from removing the prisoner. The demurrers were overruled, and exception was duly taken to this ruling. After evidence was introduced, the jury returned a verdict of guilty as to Green, Miller, and Baker, who had elected to sever from the others and were tried jointly. They made a motion for a new trial, which was overruled, and they excepted. It appears from the evidence that the sheriff of McIntosh county and his posse attempted to re-' move Henry Delegal, a prisoner, from jail and carry him to Savannah. About the time this attempt was being made a church bell was rung, at which signal a crowd of persons, variously estimated at from 75 to 250, among whom were the plaintiffs in error, began suddenly and rapidly to congregate. The members of the crowd ran about from place to place, cursing and talking loudly and in an excited manner. A number of. them were armed with deadly weapons plainly exposed to view.
An examination of the evidence in this case has satisfied us, as will be shown hereafter, that it -was sufficient to authorize the conviction of the persons on trial of that class of riot which is brought about by the commission of some act in a violent and tumultuous manner. It is necessary, therefore, to determine whether the second count in the indictment, which attempts to charge such an offense, was a sufficient indictment as against the demurrer which was filed to the same. The indictment charges that the persons accused, with others, “ did in a violent and tumultuous manner prevent the sheriff” from removing a certain named person from the common jail of the county, who was lawfully confined therein. The special demurrer makes the objection that this count does not “allege any act done in a violent and tumultuous manner which prevented ” the sheriff from removing the prisoner. The question which the demurrer raises is, whether the words in the indictment charge that an act within the meaning of the Penal Code was done by the persons named therein. The demurrer does not raise the question as to whether, conceding such an act to be charged, it is set forth and described with that definiteness which good pleading requires and which would be necessary to put the persons accused on notice as to the exact details of the act which they are charged with having committed, either as to place or manner. What is meant by preventing? Prevent is defined as, to intercept; to hinder; to frustrate; to stop; to thwart. Webster’s International Dictionary. To hinder from happening,
From 1 Hawk. 515, §5, we quote the following : “However, it seems to be clearly agreed, that in every riot there must be some such circumstances either of actual force or violence, or at least of an apparent tendency thereto, as are naturally apt to strike a terror into the people; as the shew of armor, threatening speeches, or turbulent gestures.” It would follow from this that if these things were done, or similar things'calculated to terrify the people, the offense would be made out. In the
That the plaintiffs in error could have been convicted, though they had no arms and used no threats, if they were in fact members of the assembly and shared in the common purpose,, is well settled by the authorities. Clifford v. Brandon, 2 Camp. 358; King v. Hunt, 1 Keny. Notes of Cas. 108; States. Straw, 33 Me. 554; Williams v. State, 9 Mo. 270; 2 Bish. New Cr. L. § 1153. See also the notes to the case of State v. Jenkins, 94 Am. D. 138. The evidence amply warranted a conviction under the second count in the indictment.
Judgment affirmed.
Dissenting Opinion
dissenting. The only point of difference between ourselves and the majority is, whether or not the demurrer properly raises the objection that the indictment fails to set forth the offense with that degree of certainty which the law requires. We all agree that, as against a demurrer itself sufficient in the respect indicated, the indictment Would not be good. The single question at issue should therefore be determined by ascertaining the true intent and meaning of the language used in the demurrer. We of the minority do not think its purpose was merely to set up that the indictment charged no act at all. If we entertained this view, we would not hesitate to concur in the conclusion reached by our brethren; but we do not believe they have given to that language its correct interpretation. Had the words employed in the demurrer simply been that the indictment did “not allege any act done in a violent and tumultuous manner,” there would be much force in the position that the sole point of objection was as above stated; but the addition of the words “ which prevented ” throws a clear and strong light upon the pleader’s intention. Giving to the words last quoted the only signification