Williams v. State
Court of Appeals of Georgia
Indictment for larceny of hog; from Emanuel superior court — Judge Hardeman. January 23, 1921. From the evidence it appeared -that the hog alleged to have, been stolen — described as an unmarked red castrated male hog weighing about 125 pounds — disappeared from a fenced lot of the owner, H. L. Johnson, about September 16, 1921. He testified that he “ never did find this hog.”
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Indictment for larceny of hog; from Emanuel superior court — Judge Hardeman. January 23, 1921. From the evidence it appeared -that the hog alleged to have, been stolen — described as an unmarked red castrated male hog weighing about 125 pounds — disappeared from a fenced lot of the owner, H. L. Johnson, about September 16, 1921. He testified that he “ never did find this hog.” John Smith testified: that on Friday, September 16, when he was stripping cane for Mr. Johnson about 400 yards from the field in which Mr. Johnson kept his hogs, he (the witness) heard a'gun fire, and, about a half hour…
1Opinion of the CourtBroyles, C. J.
The evidence did not authorize the defendant’s conviction of the offense charged, and the court erred in overruling the motion for a new trial. Judgment reversed.
Luke and Bloodworth, JJ., concur. B. H. Humphrey, Arthur W. Jordan, for plaintiff
in error, cited: 119 Ga. 118; 97 Ga. 209; 74 Ga. 840; 12 Ga. App. 551; 17 Ga. App. 295; Id. 728 (1), and cit.; 5 Ga. App. 228; 12 Ga. App. 363; 34 Ga. 342; 17 Ga. App. 820.
Walter F. Grey, solicitor-general, contra.
2Cases cited5 opinions
- Wells v. StateSupreme Court of Georgia · 1895
- Orr v. StateSupreme Court of Georgia · 1866
- Gaither v. StateSupreme Court of Georgia · 1903
- Wilson v. StateCourt of Appeals of Georgia · 1908
- Berry v. StateCourt of Appeals of Georgia · 1915