Innes v. State
Court of Appeals of Georgia
Indictment for larceny after trust; from Fulton superior court •—-Judge B. H. Hill. July 29, 1916. Victor E. Innes was tried and convicted on an indictment charging, in four separate counts, the offense of larceny after trust.
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Indictment for larceny after trust; from Fulton superior court •—-Judge B. H. Hill. July 29, 1916. Victor E. Innes was tried and convicted on an indictment charging, in four separate counts, the offense of larceny after trust. The first count charged, in substance, that he and his wife were intrusted by Lois Nelms Dennis with $3,74-5.20, for the purpose of applying this sum of money for the use and benefit of the owner, and that, after being so intrusted, the defendants did unlawfully and fraudulently convert the money to their own use. The second count is but a repetition of the first, with…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) It is well settled that an indictment may in several counts charge a violation of one statute in-different ways;' in which event a general verdict of guilty is good, if the evidence sustains either count. On the other hand., an indictment may charge in different counts the commission of distinct offenses of similar nature; in which event a general verdict of guilty is not good, unless the evidence Sustains each count. Undoubtedly section 192 of the Penal Code defines a distinct offense, and none of the class of cases contemplated by this section were…
2Cases cited8 opinions
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- Sewell v. StateCourt of Appeals of Georgia · 1919
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- Tullis v. StateCourt of Appeals of Georgia · 1927
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