Davis v. State
Court of Appeals of Georgia
Indictment for robbery; from Chatham superior court—Judge Meldrim. June 9, 1919 The indictment charged that the robbery was committed by making an assault on Louise Sunday and taking her pocket-book from her by force and intimidation and without her consent.
Read the full summary
Indictment for robbery; from Chatham superior court—Judge Meldrim. June 9, 1919 The indictment charged that the robbery was committed by making an assault on Louise Sunday and taking her pocket-book from her by force and intimidation and without her consent. She testified that she went to a certain store and had on a large coat with a long sleeve, and in the right hand pocket of the coat had her purse with her hand over it, holding it; that she was looking around at things in the store, and had an article in her hand, and felt something in her sleeve, and “thought it was the coat sleeve that…
1Opinion of the CourtLuke, J.
The defendant was convicted of the offense of robbery. The evidence failed to show that any force or intimidation was used, or that there was a sudden snatching, taking, or carrying away, such as as is defined to be robbery. Penal Code (1910), § 148; Williams v. State, 9 Ga. App. 170 (70 S. E. 890). His conviction of the offense of robbery was unauthorized by the evidence. A conviction of larceny from the person would have been authorized if he had been indicted for that offense. Eor the reason that the evidence did not authorize his conviction, his motion for a new trial, upon the general…
2Cases cited1 opinion
- Williams v. StateCourt of Appeals of Georgia · 1911
3Cited by1 opinion
- Taylor v. StateCourt of Appeals of Georgia · 1975