Lee v. State
Supreme Court of Georgia
Criminal law. Larceny. Before Judge McOutohen. Whitfield Superior Court. April Term, 1879. Lee was indicted in the county of Whitfield for the larceny of a horse. The proof showed that if he was guilty of the theft, the act was perpetrated in the state of Tennessee; but also, that he had brought the horse into the county of Whitfield, had there endeavored to sell him, and had exercised other acts of ownership. The defendant was found guilty.
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Criminal law. Larceny. Before Judge McOutohen. Whitfield Superior Court. April Term, 1879. Lee was indicted in the county of Whitfield for the larceny of a horse. The proof showed that if he was guilty of the theft, the act was perpetrated in the state of Tennessee; but also, that he had brought the horse into the county of Whitfield, had there endeavored to sell him, and had exercised other acts of ownership. The defendant was found guilty. He moved for a new trial, among other grounds, because the court erred in charging as follows : “ If a person fraudulently get the possession of personal…
1Opinion of the Court
Bleckley, Justice.
The accused stole a horse in the state of Tennessee. He brought the animal into this state, and here carried it from place to place in the border county of Whitfield. In that county he was indicted for the offense of simple larceny, and being convicted, moved for a new trial, which was •refused.
Whether he was guilty or not, depends upon whether a fresh larceny was committed here. The doctrine that a larceny is repeated in every county of the same sovereignty •in which any asportation of the stolen goods occurs, is *205established; and to that extent the fiction is to be accepted…
2Cited by5 opinions
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- Peaper v. StateCourt of Special Appeals of Maryland · 1972
- Golden v. StateCourt of Appeals of Georgia · 1907
- Howard v. StateCourt of Appeals of Georgia · 1908