113 Ga. 267 | Ga. | 1901
The record discloses that one Herrington met Stephen Alexander on the public road and had a difficulty with him. Herrington sought the assistance of one of his 'friends, who advised him to obtain a peace warrant and have Alexander arrested and bound over to keep the peace. Herrington, in pursuance of this advice, went to a magistrate and had a peace warrant issued for Alexander. This warrant was placed in the hands of a constable. The constable, Herrington, Wade, and another went to execute the warrant. When they arrived at the home of the father of Alexander, it was about'ten o’clock at night. The constable and Herrington went upon the piazza of the house and notified the father that they had a warrant for the son. The father refused to admit them, saying that night was not the time to serve a warrant. Wade, being well acquainted with the father, advised him to give up the son, and promised that the latter should not be hurt. The father still declining, the constable asked Wade to come upon the piazza. As Wade stepped upon the piazza for the purpose of consulting with the others, numerous persons concealed in bushes in front of the house opened fire with riñes, guns, and pistols, killing Herrington and the constable, and severely wounding Wade. For this offense thirteen persons were indicted by the grand jury of the county, upon a charge of murder. Of these, five were arrested and put upon trial. Upon their trial the evidence, as to the commission of the offense, was substantially as above recited. There
Judgment affirmed.