Sneed v. State
Court of Appeals of Georgia
Indietment for larceny; from Upson superior court — Judge B. T. Daniel. July 18, 1914. The indictment charged Sneed with “the offense of larceny, for that the said . . Sneed, on the 10th day of March, in the year 1911, in the county aforesaid, did then and there unlawfully and with force of arms take, steal, and carry away, with intent to steal the same, one black Jersey cow, three years old, the property of Charlie Prater, and of the value of $20.00, contrary to the laws of…
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Indietment for larceny; from Upson superior court — Judge B. T. Daniel. July 18, 1914. The indictment charged Sneed with “the offense of larceny, for that the said . . Sneed, on the 10th day of March, in the year 1911, in the county aforesaid, did then and there unlawfully and with force of arms take, steal, and carry away, with intent to steal the same, one black Jersey cow, three years old, the property of Charlie Prater, and of the value of $20.00, contrary to the laws of said State,” etc. The defendant demurred on the following grounds: (1) Because the offense is charged to be “larceny,”…
1Opinion of the CourtRussell, C. J.
1. The code section which denominates cattle-stealing as “simple larceny,” and directs that it shall “be so charged in the indictment” (Penal Code, § 156), is complied with by an indictment for cattle-stealing which charges the offense of simple larceny in the terms and language of the code, though in that part of the indictment which precedes the allegations thus describing the offense it is entitled simply as “larceny.” Penal Code, § 954. “The true character of a criminal accusation is not fixed by the denomination given it by the pleader, but by its allegations.” McKissick v. State, 11 Ga.…
2Cases cited4 opinions
- Camp v. StateSupreme Court of Georgia · 1847
- Disharoon v. StateSupreme Court of Georgia · 1895
- O'Halloran v. StateSupreme Court of Georgia · 1860
- McKissick v. StateCourt of Appeals of Georgia · 1912
3Cited by6 opinions
- Manley v. StateCourt of Appeals of Georgia · 1988
- Mathis v. StateCourt of Appeals of Georgia · 1937
- Brusnighan v. StateCourt of Appeals of Georgia · 1952
- Edwards v. StateCourt of Appeals of Georgia · 1918
- Garrett v. StateCourt of Appeals of Georgia · 1974
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