Barksdale v. State
Court of Appeals of Georgia
Indictment for larceny after trust; from Warren superior court — Judge Shurley. January 12, 1922. The indictment charged Boy Barksdale with “the offense of larceny after trust, Boy Barksdale . . on the 15th day of June, . . 1920, having been intrusted by one E. H. Humphrey with a certain double-barrel hammerless, breech-loading shotgun, 12 gauge, of the value of thirty dollars and the property of the one E. H. Humphrey, for the purpose of him, the said Boy Barksdale, keeping…
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Indictment for larceny after trust; from Warren superior court — Judge Shurley. January 12, 1922. The indictment charged Boy Barksdale with “the offense of larceny after trust, Boy Barksdale . . on the 15th day of June, . . 1920, having been intrusted by one E. H. Humphrey with a certain double-barrel hammerless, breech-loading shotgun, 12 gauge, of the value of thirty dollars and the property of the one E. H. Humphrey, for the purpose of him, the said Boy Barksdale, keeping the same and returning to said E. H. Humphrey after being used by said Boy Barksdale, and returned when demanded by…
1Opinion of the CourtBroyles, C. J.
1. An indictment, for larceny after trust, drawn under section 189 or section 192 of the Penal Code of 1910, is fatally defective unless it charges that the delivery of the property entrusted to the accused was for some purpose in which the bailor or some person other than the accused had an interest and a benefit. A mere temporary loan of the property, without hire or other benefit to the person lending, is not such a fiduciary bailment as would make the stealing or conversion of the property larceny after trust. Rice v. State, 6 Ga. App. 160 (2), 161 (2) (64 S. E. 575).
2. Under the…
2Cases cited1 opinion
- Rice v. StateCourt of Appeals of Georgia · 1909
3Cited by4 opinions
- Driver v. StateCourt of Appeals of Georgia · 1939
- Davis v. StateCourt of Appeals of Georgia · 1928
- Silvers v. StateCourt of Appeals of Georgia · 1949
- Silvers v. StateCourt of Appeals of Georgia · 1949