Hall v. State
Supreme Court of Georgia
Indictment for Simple Larceny, and Motion for New Trial. Decided by Judge Richard II. Clark. In Decatur Superior Court. April Term 1864. IIall, the plaintiff in error, was tried for stealing a steer, the property of James Kent.
Read the full summary
Indictment for Simple Larceny, and Motion for New Trial. Decided by Judge Richard II. Clark. In Decatur Superior Court. April Term 1864. IIall, the plaintiff in error, was tried for stealing a steer, the property of James Kent. Kent testified that he was the owner of a small white steer, two years old, poorly grown, with red specks about the neck, both ears, off, and branded with the letter K; and that in 1862, between the spring and fall, he missed it, and had never seen it since. Harrell testified that in Decatur county, in September 1862, Hall delivered to him, to take to Columbus for…
1Opinion of the CourtLtost, J.
Ought the Court below to have granted a new trial? We think it ought. The rejection of the testimony of Kent, offered by defendant, that immediately after the fact was *210ascertained that the steer sent off with Harrell was probably branded with a K, or was the property of Kent, Hall came to him and said if it was Kent’s,' he had made a mistake, and proposed, and did actually pay him the amount of money for which the steer sold,” was clearly erroneous, and a new trial ought to have been granted on account of its rejection.
The theory of defendant’s defence was, that if it was true that the steer…
2Cited by4 opinions
- Lee v. StateSupreme Court of Georgia · 1897
- Lovett v. StateSupreme Court of Georgia · 1888
- Musgrove v. StateCourt of Appeals of Georgia · 1909
- Cleveland v. StateSupreme Court of Georgia · 1901