90 Ga. 315 | Ga. | 1892
1. “Bobbery is the wrongful, fraudulent and violent taking of money, goods or chattels from the person of another by force or intimidation, without the consent of the owner.” Code, §4389. The indictment charged robbery by both foi’ce and intimidation. The verdict found the accused guilty of robbery by intimidation. Did the facts proved in behalf of the State, accepting as true all the evidence of the principal witness, embrace the necessary legal elements of the offence found? The material evidence of this witness, or the full substance of it,
Snider was a strolling laborer, a stranger in this State,, having been here for only one or two months. He was the owner of sixty-two dollars in money. "While he was engaged in picking cotton for one Crew, in Pierce county, the money then being in his coat pocket, and the coat being in the field where he was at work, though, not upon his person, a party of four men came to the vicinity in search of him. Two of them remained out of sight whilst the other two went into the field and arrested him. They put handcuffs on him, took possession of his coat, and then, with him as a prisoner, rejoined the two who had lingered behind. The whole party then proceeded in the direction of Ware county. On the way; and while still in Pierce county, Snider told them that there was money in the pocket of the coat. The bag containing it was taken from the pocket, the money counted, replaced in the bag, and restored to the pocket; the captors saying they wanted him, not his money. At his request and upon his promise not to escape, they took off’ the handcuffs, with a threat to kill him if he attempted to get away. A halt of some hours was made after reaching Ware county, during which he remained a prisoner. This was at the house of one Taylor. Two of the party went no farther (one of them, perhaps, not so far), and did not participate in what afterwards took place. The other two, the men indicted and convicted of the robbery, both of them civil officers of Ware county, one a justice of the peace, the other a deputy-sheriff, carried their prisoner, with his coat and money, to the residence of one of them, the J. P. At this place was a post-office and the J". P. was the postmaster. It was in Ware county about five miles from the farm on which the arrest was made. Here Snider,
Was the offence perpetrated in Pierce or in Ware county? It has already been stated that the party which went into Pierce county consisted of four men. These were the two Sweats and the two Taylors. Some 'of the evidence indicates that James Sweat was the original and prime mover in the proceeding. Very likely the other three men took part in it at his request; and it is altogether probable that the Taylors acted in good faith under the belief, induced by the representations of James Sweat, that Snider was a fugitive from justice. The men who actually made the' arrest in Pierce county were Randall Sweat and Proff Taylor. They secured not only the prisoner but the coat which had the money in the pocket. But neither of the Taylors kept up their connection with the enterprise until the money was finally taken. They dropped out, one of them sooner perhaps, the other at the first stopping place after the party reached Ware county. The Sweats alone did the balance. When the Taylors with
3. The newly discovered evidence was merely cumulative or impeaching, or both, and was therefore not cause for a new trial. There was no error in overrulthe motion. Judgment affirmed.