Legal Opinion

Berry v. State

Supreme Court of Georgia

Decided October 15, 1851No. 75PublishedCited by 270 opinions

Indictment, in Floyd Superior' Court. Tried before Judge JohnH. Lumpkin, July Term, 1851. This was an indictment for larceny from the house, which was charged in the bill of indictment, as follows: “For that the said James Berry on the tenth day of April, eighteen hundred and fifty, in the County aforesaid, with force and arms, the dwelling house of one William Montgomery, there situate, unlawfully, wilfully, feloniously and maliciously did enter in the night-time and having…

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Indictment, in Floyd Superior' Court. Tried before Judge JohnH. Lumpkin, July Term, 1851. This was an indictment for larceny from the house, which was charged in the bill of indictment, as follows: “For that the said James Berry on the tenth day of April, eighteen hundred and fifty, in the County aforesaid, with force and arms, the dwelling house of one William Montgomery, there situate, unlawfully, wilfully, feloniously and maliciously did enter in the night-time and having so entered, seven thousand dollars, to wit, two thousand dollars in gold and silver coin of the value of two thousand…

1Opinion of the Court

*517 By the Court.

Lumpkin, J.

delivering the opinion.

This is an indictment which copies before us upon a writ of error from a judgment rendered in the'Superior Court of Floyd’ County. On the plea of not guilty, the defendant, James Berry, was convicted by a verdict of the' Jury. ‘ The charge was for stealing from the dwelling house of William Montgomery, two thousand dollars in gold and silver coin, five thousand dollars in bank bills, and three thousand dollars in promissory notes, all of the value of ten thousand dollars, the same being the property of one William Montgomery.

Counsel for the…

2Cases cited5 opinions

  1. Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
  2. McIntire v. YoungIndiana Supreme Court · 1843
  3. Cummins v. WaldenIndiana Supreme Court · 1837
  4. Commonwealth v. ThompsonCourt of Appeals of Kentucky · 1835
  5. Webber v. IvesSupreme Court of Vermont · 1802

3Cited by270 opinions

  1. United States v. JohnsonSupreme Court of the United States · 1946
  2. Timberlake v. StateSupreme Court of Georgia · 1980
  3. Cross v. StateSupreme Court of Alabama · 1881
  4. United States v. George StofskyCourt of Appeals for the Second Circuit · 1975
  5. United States v. Milton SilvermanCourt of Appeals for the Second Circuit · 1970

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