Legal Opinion

McNatt v. State

Court of Appeals of Georgia

Decided November 17, 1921No. 12828PublishedCited by 6 opinions

Indictment for larceny; from Montgomery superior court — Judge Eschol Graham. July 26, 1921.

1Opinion of the CourtBroyles, C. J.

1. There is no merit in a ground of the motion for a new trial which complains that the court refused to direct a verdict in favor of the accused. It is never error to refuse to direct a verdict.

2. Where one obtains possession of money by trick or fraud with intent to appropriate it to his own use, and the owner intends to part with the possession only and not with the property, the possession of the money is obtained unlawfully, and the subsequent appropriation of it in pursuance of the original intent is simple larceny. Martin v. State, 123 Ga. 78 (51 S. E. 334), and authorities cited. In…

2Cases cited3 opinions

  1. Martin v. StateSupreme Court of Georgia · 1905
  2. Johnson v. StateSupreme Court of Georgia · 1903
  3. Allen v. StateSupreme Court of Georgia · 1890

3Cited by6 opinions

  1. Kyler v. StateCourt of Appeals of Georgia · 1956
  2. State v. FortheCourt of Appeals of Georgia · 1999
  3. Hewitt v. MaloneCourt of Appeals of Georgia · 1962
  4. Tucker v. StateCourt of Appeals of Georgia · 1965
  5. Reserve Insurance v. Interurban Transit LinesCourt of Appeals of Georgia · 1962

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API