Jackson v. State
Court of Appeals of Georgia
Indictment for larceny; from Muscogee superior court — Judge Howard. June 30, 1917. The defendants in this case were indicted for larceny from the house, and were found guilty. The property stolen was stolen from a gin-house, and was-alleged to be “the personal goods of James A. Lewis.” James A. Lewis testified: “I am the husband of Mrs. Eobena Lewis, and she owns the plantation from which the property was stolen, and it was her property.
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Indictment for larceny; from Muscogee superior court — Judge Howard. June 30, 1917. The defendants in this case were indicted for larceny from the house, and were found guilty. The property stolen was stolen from a gin-house, and was-alleged to be “the personal goods of James A. Lewis.” James A. Lewis testified: “I am the husband of Mrs. Eobena Lewis, and she owns the plantation from which the property was stolen, and it was her property. I am the authorized special agent of my wife and have charge of the place. I made the trade as agent for my wife with Mr. Pullen to superintend the…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) It is contended-that the State failed to prove the ownership as laid in the indictment; that the ownership should have been alleged either in Pullen or Mrs. Lewis. In our opinion the evidence sustains the allegation of ownership as laid in the indictment. It shows that the husband had charge of the property as agent for his wife. Pullen was simply an employee or servant. In larceny the ownership‘may be laid in the agent, but not in a servant. “A mere servant has only the custody of goods, and he can maintain no action for them; hence he has in them no…
2Cases cited4 opinions
- State v. . JenkinsSupreme Court of North Carolina · 1878
- Bradley v. StateCourt of Appeals of Georgia · 1907
- Heygood v. StateSupreme Court of Alabama · 1877
- Lears v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1908
3Cited by5 opinions
- Henley v. StateCourt of Appeals of Georgia · 1939
- Lee v. StateCourt of Appeals of Georgia · 1940
- Land v. StateCourt of Appeals of Georgia · 1961
- Temple v. StateCourt of Appeals of Georgia · 1936
- Southeastern Fair Asso. v. FordCourt of Appeals of Georgia · 1941