Barron v. State
Supreme Court of Georgia
Indictment for simple larceny. Before Judge Burch. City .-court of Dublin. May 9, 1906. The defendant was indicted for the offense of simple larceny..
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Indictment for simple larceny. Before Judge Burch. City .-court of Dublin. May 9, 1906. The defendant was indicted for the offense of simple larceny.. The evidence upon the part of the State was to the effect that the proseentor was the owner of a number of sheep which he had purchased from the defendant; that they were left in the possession off the defendant as the property of the prosecutor, who then engaged the defendant to shear the sheep and bring the wool to town for the-purpose of delivering the same to the prosecutor; that the defendant did shear the sheep, but instead of taking the…
1Opinion of the CourtAtkinson, J.
It will be observed that the defendant was not the mere servant of the prosecutor. He was a person living in the country, while the prosecutor lived at a distance in town. There was no relation of master and servant between them. As to all other matters they were perfectly independent of each other. Under these circumstances, granting that the contentions of the State are true, the prosecutor owned the sheep and the defendant had no interest in them, but had contracted with the prosecutor to shear them and bring the wool to him in town. Under these facts, the relation of the parties would be…
2Cases cited3 opinions
- Martin v. StateSupreme Court of Georgia · 1905
- Abrams v. StateSupreme Court of Georgia · 1904
- Mobley v. StateSupreme Court of Georgia · 1902
3Cited by5 opinions
- Pittman v. StateCourt of Appeals of Georgia · 1913
- Basley v. StateCourt of Appeals of Georgia · 1912
- Chaffin v. StateCourt of Appeals of Georgia · 1908
- Wright v. StateCourt of Appeals of Georgia · 1916
- Minnis v. StateCourt of Appeals of Georgia · 1922