Adams v. State
Court of Appeals of Georgia
Indictment for larceny of hog; from Wilkinson superior court — Judge Park. July 19, 1920. The court charged in substance that the jury would be authorized to convict the accused if the evidence satisfied their minds that the hogs were stolen from the prosecutor and were found in the recent possession of the defendant, and if the defendant or the evidence in the case failed to give a reasonable explanation of this possession.
Read the full summary
Indictment for larceny of hog; from Wilkinson superior court — Judge Park. July 19, 1920. The court charged in substance that the jury would be authorized to convict the accused if the evidence satisfied their minds that the hogs were stolen from the prosecutor and were found in the recent possession of the defendant, and if the defendant or the evidence in the case failed to give a reasonable explanation of this possession. This part of the charge was complained of as expressing an opinion that these facts would prove guilt beyond a reasonable doubt. It was further contended that the court…
1Opinion of the CourtBloodworth, J.
1. The sufficiency of the description of the hogs alleged to have been stolen was brought in question by demurrer to the indictment, in which they were described as “ one red and black spotted sow hog of value $10, one white and black spotted sow hog of value $10, one red and black spotted male hog of value $10, one dark red male hog of value $10, and two white and black spotted sow hogs, of value of $10 each; all of the value of sixty and no/100 dollars and of the personal goods of O. A. Allen.” Under the ruling in Garrett v. State, 21 Ga. App. 801 (1) (93 S. E. 513), and the cases therein…
2Cases cited2 opinions
- Garrett v. StateCourt of Appeals of Georgia · 1918
- Levister v. StateCourt of Appeals of Georgia · 1917