Legal Opinion

Munn v. State

Court of Appeals of Georgia

Decided March 18, 1913No. 4346PublishedCited by 4 opinions

Accusation of larceny; from city court of Thomasville—Judge W. H. Hammond. July 8, 1912. Munn was convicted of simple larceny. The only question presented by his motion for a new trial and the bill of exceptions was whether there was sufficient evidence to support the verdict. According to the evidence, he borrowed a watch, saying that he was going to call on some girls and wanted to wear it. He promised to return it that afternoon, but did not return it.

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Accusation of larceny; from city court of Thomasville—Judge W. H. Hammond. July 8, 1912. Munn was convicted of simple larceny. The only question presented by his motion for a new trial and the bill of exceptions was whether there was sufficient evidence to support the verdict. According to the evidence, he borrowed a watch, saying that he was going to call on some girls and wanted to wear it. He promised to return it that afternoon, but did not return it. He borrowed $1.5'0 from a third person, and deposited the watch with that person as security. When the lender of the watch asked for its…

1Opinion of the CourtRussell, J.

While the evidence of the defendant’s guilt of larceny was weak, still the testimony was sufficient to authorize the jury to infer that the accused entertained the animus furandi when he borrowed the prosecutor’s watch. Rice v. State, 6 Ca. App. 160 (64 S. E. 575); Bryant v. State, 8 Ga. App. 389 (69 S. E. 121); Martin v. State, 123 Ga. 478 (51 S. E. 334). Judgment affirmed.

Theodore Titus, for plaintiff in error. Boscoe Luke, solicitor, contra.

2Cases cited3 opinions

  1. Martin v. StateSupreme Court of Georgia · 1905
  2. Bryant v. StateCourt of Appeals of Georgia · 1910
  3. Rice v. StateCourt of Appeals of Georgia · 1909

3Cited by4 opinions

  1. Great American Insurance Company v. GusmanCourt of Appeals of Georgia · 1949
  2. C. L. Fain Co. v. Baltimore American Ins.Court of Appeals of Georgia · 1950
  3. Maxwell v. StateCourt of Appeals of Georgia · 1920
  4. Hix v. StateCourt of Appeals of Georgia · 1927

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