Legal Opinion

Wood v. State

Court of Appeals of Georgia

Decided June 5, 1912No. 4040PublishedCited by 6 opinions

Indictment for larceny after trust; from Haralson superior court —Judge Price Edwards. January 17, 1912.

1Opinion of the CourtRussell, J.

1. While in criminal cases the question of intent is one entirely for the jury, yet where, from all of the facts and circumstances in the case, an intent to defraud is not reasonably deducible, there can be no conviction of an offense of which an intent to defraud is necessarily an essential element.

2. Applying to the facts of the present case the principle above stated, the conviction of the accused was not authorized, and a new trial should have been granted. Judgment reversed.

2Cited by6 opinions

  1. Coffee v. StateSupreme Court of Georgia · 1963
  2. Partain v. StateCourt of Appeals of Georgia · 1973
  3. McJenkin v. StateCourt of Appeals of Georgia · 1940
  4. Nickles v. StateCourt of Appeals of Georgia · 1954
  5. Curtis v. StateCourt of Appeals of Georgia · 1945

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