Buffington v. State
Supreme Court of Georgia
Indictment for simple larceny. Before Judge Hamilton. City ■court of Floyd county. July 13, 1905.
1Opinion of the CourtFish, C. J.
1. It is essential to the validity of an indictment for larceny that the ownership of the property, if known, be laid in some person or persons.
2. If the indictment lays the ownership of the goods alleged to have been stolen in a partnership, without alleging the names of the partners composing the firm, it is fatally defective. . 12 Enc. PL & Pr. 967; Clark’s Crim. Proc. 228; People v. Bogart, 36 Cal. 245. See Mattox v. State, 115 Ga. 219.
3. The name “Stewart & Reece” imports a partnership; and therefore an indictment for larceny wherein the ownership of the goods alleged to have been stolen…
2Cases cited2 opinions
- Mattox v. StateSupreme Court of Georgia · 1902
- People v. BogartCalifornia Supreme Court · 1868
3Cited by8 opinions
- Dublin & Southwestern Railway Co. v. Akerman & AkermanCourt of Appeals of Georgia · 1907
- Randolph v. StateCourt of Appeals of Georgia · 1915
- Nickles v. StateCourt of Appeals of Georgia · 1952
- Patrick v. Wood & SonsSupreme Court of Georgia · 1926
- Singer Co. v. Gray & SonCourt of Appeals of Georgia · 1925
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