McKissick v. State
Court of Appeals of Georgia
Indictment for being accessory, etc.; from Haralson superior court — Judge Edwards. December 15, 1911. The indictment charged that W. J. McKissick was “accessory after the fact of burglary,” in that he did “buy and receive from Carl Davis and Eowe Lindsey the following goods, chattels and effects, to wit; [describing them and stating their value], all of which said goods, chattels, and effects had been then and there, in said county, feloniously taken from the store-house of…
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Indictment for being accessory, etc.; from Haralson superior court — Judge Edwards. December 15, 1911. The indictment charged that W. J. McKissick was “accessory after the fact of burglary,” in that he did “buy and receive from Carl Davis and Eowe Lindsey the following goods, chattels and effects, to wit; [describing them and stating their value], all of which said goods, chattels, and effects had been then and there, in said county, feloniously taken from the store-house of one G. W. & J. C. Tumlin Co. by the said Carl Davis and Eowe Lindsey by breaking and entering the store-house of sáid…
1Opinion of the CourtRussell, J.
1. Although the indictment, if treated as charging the defendant as accessory after the fact of the offense of burglary, may be technically defective, the true character of a criminal accusation is not fixed by the denomination given it by the pleader, but by its allegations; and the indictment in the present case is a sufficient charge against the defendant of the statutory offense of receiving stolen goods. Penal Code (1910), § 168.
2. There was no abuse of discretion in refusing a continuance.
3. Many of the numerous assignments of error are without merit, and none of them offer any…
2Cited by5 opinions
- Luther v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Perkins v. StateCourt of Appeals of Georgia · 1922
- Brusnighan v. StateCourt of Appeals of Georgia · 1952
- Sneed v. StateCourt of Appeals of Georgia · 1915
- Garrett v. StateCourt of Appeals of Georgia · 1974