Miller v. State
Supreme Court of Georgia
Criminal Law. Penalty. Attempts. Cattle Stealing. Before Judge Johnson. Jefferson Superior Court. November Term, 1876. Miller was placed on trial for the offense of simple larceny.
Read the full summary
Criminal Law. Penalty. Attempts. Cattle Stealing. Before Judge Johnson. Jefferson Superior Court. November Term, 1876. Miller was placed on trial for the offense of simple larceny. The indictment was as follows: The grand jurors, etc., “ charge and accuse Churchill Miller and Ned Bigham, of the county and state aforesaid, with the offense of simple larceny, for that the said Churchill Miller and Ned Bigham, in the county and state aforesaid, on the 24th day of February, 1876, with force and arms, did unlawfully, feloniously, fraudulently, wrongfully, take and carry away from the possession of…
1Opinion of the Court
Bleckley, Judge."
1. When, upon an indictment charging an offense, the verdict is for an attempt (as it may be under section 4675 of the Code), the penalty, unless prescribed elsewhere, may be drawn from section 4712, if any of the penalties there enumerated will apply in terms to the case — see 53 Ga., 126. These penalties are not restricted to convictions had upon indictments for attempts, framed under the latter section, but are equally appropriate to convictions where offenses themselves are charged under other sections and only attempts are proved.
2. The indictment charging simple…
2Cases cited1 opinion
- Chandler v. JohnsonSupreme Court of Georgia · 1869
3Cited by9 opinions
- Cantrell v. StateSupreme Court of Georgia · 1996
- Brewer v. StateCourt of Appeals of Georgia · 1997
- Register v. StateCourt of Appeals of Georgia · 1911
- People ex rel. Miller v. MurphyIllinois Supreme Court · 1900
- Waters v. StateCourt of Appeals of Georgia · 1965
4 more not listed; retrieve them via the Exa API.