Legal Opinion

Green v. State

Supreme Court of Georgia

Decided January 28, 1895PublishedCited by 4 opinions

Indictment for simple larceny. Before Judge Reese. Wilkes superior court. November term, 1894. Defendant was charged with stealing a sow-hog belonging to Callaway, and was found guilty. A new trial was denied, and he excepted. He was employed by Callaway in April, 1894, when Callaway (as he testified) lost a red listed sow-shoat from his pasture.

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Indictment for simple larceny. Before Judge Reese. Wilkes superior court. November term, 1894. Defendant was charged with stealing a sow-hog belonging to Callaway, and was found guilty. A new trial was denied, and he excepted. He was employed by Callaway in April, 1894, when Callaway (as he testified) lost a red listed sow-shoat from his pasture. One Burns testified, that on a Sunday morning defendant told him he was going to borrow Callaway’s road-cart to go after his rations. He went away and returned, when Burns saw blood on his feet and asked him for “some of that beef” he had bought. He…

1Opinion of the Court

*463 Judgment reversed.

The indictment described the stolen hog as “ one red listed sow-hog weighing about 30 pounds, of the value of one and one half dollars.” Callaway was reintroduced after defendant closed, and on cross-examination testified: “I asked Burwell what shoat it was he killed, and he told me they killed that sow-shoat.” Defendant objected to this as hearsay. It was admitted on the statement of the solicitor-general, that he had been entrapped by the witness Burwell Cofer. This ruling is assigned as error. Callaway further testified that this shoat was one of a litter of six or…

2Cited by4 opinions

  1. Holden v. StateSupreme Court of Georgia · 1915
  2. Henry Grady Hotel Corp. v. Grady MotorsCourt of Appeals of Georgia · 1957
  3. Georgia Railroad & Banking Co. v. AndrewsSupreme Court of Georgia · 1906
  4. State v. NelsonWest Virginia Supreme Court · 1939

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