Green v. State
Supreme Court of Georgia
Indictment for stealing baled cotton. Before Judge Felton. Bibb superior court. January 9, 1902. cited, as to variance between allegation and proof: 112 Ga. 18; 64 Ga. 449; 61 Ind. 447; 30 Me. (17 Shep.) 29; 50 Tenn. (3 Heist) 452. On the proposition that the court erred in the charge as to what would render the accused guilty as principals: Clark’s Crim.
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Indictment for stealing baled cotton. Before Judge Felton. Bibb superior court. January 9, 1902. cited, as to variance between allegation and proof: 112 Ga. 18; 64 Ga. 449; 61 Ind. 447; 30 Me. (17 Shep.) 29; 50 Tenn. (3 Heist) 452. On the proposition that the court erred in the charge as to what would render the accused guilty as principals: Clark’s Crim. Law, 89, 90 ; Penal Code, §§ 47, 49; 4 Ga. 465. As to intent: 34 N. J. L. (5 Yroom) 410; 86 N. C. 603. cited, as to variance: 94 Ga. 395; 64 N. C. 127. As to venue: 14 Ga. 422; 64 Ga. 203 ; 105 Ga. 743. As to intent: Penal Code, §32; 68 Ga.…
1Opinion of the CourtLewis, J.
The accused were indicted under the Penal Code, §186, for stealing “three bales of cotton, each weighing five hundred pounds, of the value of thirty-six dollars.” They were tried together, and found guilty; whereupon they made a motion for a new trial, which was overruled, and they excepted.
1. One witness testified: “ Two of the bales weighed something over 500 pounds, and I don’t think one weighed 500. I weighed the cotton.” Another swore: “Each bale weighed about 500 pounds.” This was the only evidence introduced to show the weight of the bales alleged to have been stolen. Counsel for the…
2Cases cited1 opinion
- Nightengale v. StateSupreme Court of Georgia · 1894
3Cited by13 opinions
- United States v. Walter J. Barlow, Jr.Court of Appeals for the D.C. Circuit · 1972
- Hagood v. StateCourt of Appeals of Georgia · 1908
- Crosby v. StateSupreme Court of Georgia · 1974
- Cagle v. StateCourt of Appeals of Georgia · 1974
- Burkett v. StateCourt of Appeals of Georgia · 1975
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