Legal Opinion

Cooper v. State

Supreme Court of Georgia

Decided March 20, 1893PublishedCited by 8 opinions

Before Judge McWhorter. Hancock superior court. April term, 1892. Cooper was indicted for the larceny of a speckled ox belonging to Amanda Dixon, on May 2, 1889, in Hancock county. He was convicted, and moved for a new trial on the grounds that the verdict was contrary to law and evidence, and for newly discovered evidence. The motion was overruled, and he excepted.

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Before Judge McWhorter. Hancock superior court. April term, 1892. Cooper was indicted for the larceny of a speckled ox belonging to Amanda Dixon, on May 2, 1889, in Hancock county. He was convicted, and moved for a new trial on the grounds that the verdict was contrary to law and evidence, and for newly discovered evidence. The motion was overruled, and he excepted. Upon the trial it appeared from the evidence for the State, that the ox in question belonged to Amanda Dixon, and in the spring of 1889, was taken away, or wandered away, from the pasture lands of the estate of Dixon, lying in…

1Opinion of the Court

Bleckley, Chief Justice.

1. Though the evidence as to the fact of larceny by the accused, and also as to whether the scene of it was in Hancock county, was circumstantial, we think it was fully sufficient to warrant an affirmative finding on both questions, if the jury failed to credit the testimony in behalf of the accused, as they must have done in order to reach a verdict of guilty. Nothing but the newly discovered evidence is suggestive of any legal merit whatever in the motion for a new trial.

2. In consequence of the wide range of investigation and the thorough course of study into which…

2Cases cited1 opinion

  1. Mathews v. StateSupreme Court of Georgia · 1876

3Cited by8 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1943
  2. Fellows v. StateSupreme Court of Georgia · 1901
  3. Nolan v. StateCourt of Appeals of Georgia · 1914
  4. Matthews v. GraceSupreme Court of Georgia · 1945
  5. Herrin v. StateCourt of Appeals of Georgia · 1944

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