Legal Opinion

Fowler v. State

Court of Appeals of Georgia

Decided May 11, 1920No. 11322PublishedCited by 1 opinion

Indictment for receiving stolen goods; from Warren superior court—• Judge Walker. January 27, 1920. The indictment charged Bichard Fowler with “the offense of misdemeanor,” for that, on a specified date, he “did unlawfully buy and receive from Jim Griffin one sack of nitrate of soda weighing about 200 pounds of the value of $10, the same being the property of C. B. Fitzpatrick and having been unlawfully stolen by said Jim Griffin from the cotton house of said C. B.…

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Indictment for receiving stolen goods; from Warren superior court—• Judge Walker. January 27, 1920. The indictment charged Bichard Fowler with “the offense of misdemeanor,” for that, on a specified date, he “did unlawfully buy and receive from Jim Griffin one sack of nitrate of soda weighing about 200 pounds of the value of $10, the same being the property of C. B. Fitzpatrick and having been unlawfully stolen by said Jim Griffin from the cotton house of said C. B. Fitzpatrick, the said Bichard Fowler knowing said nitrate of soda was stolen when he bought and received it from said Jim…

1Opinion of the CourtBroyles, C. J.

1. The indictment was not subject to any ground of the demurrer interposed.

• 2. In the light of all the facts of the case, the excerpt from the charge of the court complained of, while inaccurate, does not require a new trial. 3. The evidence amply authorized the verdict, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur. The excerpt from the charge of the court to which the decision refers was as follows: “ I charge you that if Jim Griffin had taken the nitrate of soda and appropriated the same to his own use after it was delivered…

2Cited by1 opinion

  1. Davis v. StateCourt of Appeals of Georgia · 1969

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