Legal Opinion

Stewart v. State

Court of Appeals of Georgia

Decided January 30, 1912No. 3621Published

Indictment for larceny; from Fulton superior court — Judge Roan.

1Opinion of the CourtRussell, J.

It appearing, without contradiction, from, the evidence of the prosecutor that his money was taken with his knowledge, the conviction of the plaintiff in error of the offense of larceny from the person is not sustained, and a new trial should have been granted. Moye v. State, 65 Ga. 754; Jackson v. State, 116 Ga. 578 (42 S. E. 750); Williams v. State, 70 S. E. 890 (9 Ga. App. 170).

Judgment reversed. Pottle, J., not presiding.

2Cases cited3 opinions

  1. Moye v. StateSupreme Court of Georgia · 1880
  2. Williams v. StateCourt of Appeals of Georgia · 1911
  3. Jackson v. StateSupreme Court of Georgia · 1902