Butler v. State

• Decision Date: 27 November 1912
• Docket Number: (No. 4,474.)
• Parties: BUTLER. v. STATE.
• Court: Georgia Court of Appeals

76 S.E. 368

11 Ga.App. 815

BUTLER.

v.STATE.

(No. 4, 474.)

Court of Appeals of Georgia.

Nov. 27, 1912.

(Syllabus by the Court.)

Criminal Law (§ 80^*)—Conviction of Accessory—Evidence.

in misdemeanors, all who participate in the criminal act, either as principals or accessories, are guilty as principals. But, in order to authorize the conviction of one charged with having been accessorially guilty, he must be shown to have been connected in some way with the criminal act. Mere proof of presence by the accused when the criminal act was committed by another, and of subsequent flight, does not, in the absence of evidence showing that the accused advised or abetted the commission of the crime, authorize his conviction.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 103-111, 1384; Dec. Dig. § 80.*]

Error from Superior Court, Laurens County; K. J. Hawkins, Judge.

John Butler was convicted of crime, and brings error. Reversed.

G. C. Bidgood and J. E. Burch, both of Dublin, for plaintiff in error.

E. D. Graham, Sol. Gen., of McRae, for the State.

POTTLE, J. Judgment reversed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes