Legal Opinion

Markham v. State

Supreme Court of Georgia

Decided March 15, 1858PublishedCited by 12 opinions

Larceny and new trial, from Fulton count3E Decided by Judge Buee, October Term, 1SS7. Nathan M. Markham was indicted for entering the house of Aaron M. Thomason, and stealing therefrom a silver watch, the property of Jeremiah Parker.

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Larceny and new trial, from Fulton count3E Decided by Judge Buee, October Term, 1SS7. Nathan M. Markham was indicted for entering the house of Aaron M. Thomason, and stealing therefrom a silver watch, the property of Jeremiah Parker. Upon the trial the Solicitor General introduced John Cook, who swore, that he ivas boarding at the house of Thomason; Parker and prisoner roomed together; Parker had been, in the room two or three months; prisoner two or three days; Parker and witness went into the room one morning, Parker going to open his trunk which was not locked; the same evening prisoner…

1Opinion of the Court

By the Court.

McDonadd, J.

delivering the opinion.

[1.] The possession and occupancy of the house by Thomason, was evidence of such ownership thereof in him, as was sufficient to “sustain the allegation in the indictment that the prisoner entered his dwelling house.

[2.] There was no evidence that the room from which the watch was stolen, was the hired lodgings of. a boarder. A boarder lodged there, but there was no evidence that he had hired that particular room. There being no evidence to support the request made by the prisoner’s counsel of the Court to charge the jury, it was not error in the…

2Cited by12 opinions

  1. Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. Nicholls v. StateWisconsin Supreme Court · 1887
  3. Wiley v. StateCourt of Appeals of Georgia · 1907
  4. Waters v. StateCourt of Appeals of Georgia · 1914
  5. Trice v. StateSupreme Court of Georgia · 1902

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