115 Ga. 255 | Ga. | 1902
Sandy Martin was convicted of the offense of riot. The indictment contained two counts. The first charged that “ Sandy Martin and Stephen Martin, together with others,” committed an unlawful act of violence which constituted riot; and the second count charged that “ Sandy Martin and Stephen Martin and others” were guilty of certain acts, done in a violent and tumul-
We do not, however, in the present case find it necessary to make any ruling on this point. Inasmuch as the plaintiff in'error elected to go to trial on the indictment, the question is, can he be convicted when the evidence shows that he, together with othpr persons not named in the indictment, committed the acts charged therein ? In Rex v. Sudbury, 12 Mod. 262, “case” 473, s. c. 1 Ld. Raym. 484, it appeared that several persons were indicted for riot, and all but two were acquitted: The judgment was arrested; but Lord Chief Justice Holt remarked that if the indictment had been that the defendants, “with divers other disturbers of the peace,” had committed the riot, the King might have had judgment'. In 1-Strange, 195, the case of Regina v. Herne, which seems to be an unreported case, is referred to. In that case the indictment charged that Herne, with A “ et multis aliis,” conspired to accuse B of a crime. The jury found a bill as to Herne, with an ignoramus
Judgment affirmed.