Legal Opinion

Bennett v. State

Court of Appeals of Georgia

Decided February 16, 1922No. 13086PublishedCited by 6 opinions

Indictment for larceny of automobile; from Forsyth superior court — Judge Blair. October 1, 1921.

1Opinion of the CourtBroyles, C. J.

In an indictment for larceny or for burglary the ownership of personal property may be laid in the person having actual lawful possession of the property, although he may be holding it merely as the agent or bailee of another; and it is not necessary to set forth in the indictment the fact that the person in whom the ownership is laid is holding the property merely as the agent or bailee of the real owner. And where in such an indictment ownership is laid in a named person who is stated to have been in actual lawful possession of the property when stolen, but there is no allegation that he…

2Cases cited2 opinions

  1. Wimbish v. StateSupreme Court of Georgia · 1892
  2. Bradley v. StateCourt of Appeals of Georgia · 1907

3Cited by6 opinions

  1. Spurlin v. StateSupreme Court of Georgia · 1966
  2. Dawson v. StateCourt of Appeals of Georgia · 1959
  3. Jones v. StateCourt of Appeals of Georgia · 1930
  4. Cosby v. StateCourt of Appeals of Georgia · 1922
  5. Estes v. StateCourt of Appeals of Georgia · 1931

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