Legal Opinion

Chislon v. State

Court of Appeals of Georgia

Decided March 23, 1917No. 8375Published

Accusation of larceny from person; from city court of Dublin— Judge Plynt. December 16, 1916. The accusation charged that the accused “did . . unlawfully, wrongfully, fraudulently, privately, and without the consent of” Prank Butler, take from the person of the said Butler certain money (described), with intent to steal the same, contrary to the laws of this State, etc.

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Accusation of larceny from person; from city court of Dublin— Judge Plynt. December 16, 1916. The accusation charged that the accused “did . . unlawfully, wrongfully, fraudulently, privately, and without the consent of” Prank Butler, take from the person of the said Butler certain money (described), with intent to steal the same, contrary to the laws of this State, etc. The accused was convicted and sentenced, and on the same day moved to set aside the verdict and judgment, contending that the accusation was -fatally defective because it failed to charge that the taking was “without the…

1Opinion of the CourtLuke, J.

The motion to arrest the judgment is without merit, and the court did not err in refusing to set aside the judgment.

Judgment affirmed.

Wade, O. J., and George, J., concur. Cited by counsel:

Gilbert v. State, 17 Ga. App. 143; Smith v. State, 17 Ga. App. 612; Lanier v. State, 5 Ga. App. 472; Badger v. State, 5 Ga. App. 477; Harris v. State, 58 Ga. 332; Smith v. State, 60 Ga. 430; Hicks v. State, 60 Ga. 464; Jordan v. State, 60 Ga. 656 (2); Bailey v. State, 65 Ga. 411; Yates v. State, 67 Ga. 770; Adkins v. State, 103 Ga.10.

W. A. Bampier, for plaintiff in error. S. P. New, solicitor, contra.

2Cases cited10 opinions

  1. Lanier v. StateCourt of Appeals of Georgia · 1909
  2. Smith v. StateSupreme Court of Georgia · 1878
  3. Gilbert v. StateCourt of Appeals of Georgia · 1915
  4. Bailey v. StateSupreme Court of Georgia · 1880
  5. Harris v. StateSupreme Court of Georgia · 1877

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