Legal Opinion

Portwood v. State

Supreme Court of Georgia

Decided February 15, 1906PublishedCited by 2 opinions

Indictment for simple larceny. Before Judge Lewis. Jasper superior court. November 29, 1905. The indictment was for the larceny of a cow, alleged therein to be of the value of five dollars. The motion for a new trial was on the grounds that the verdict was contrary to law and the evidence.

1Opinion of the CourtAtkinsow, J.

1. Upon a prosecution for simple larceny, proof that the thing stolen was of some value is indispensable to a legal conviction. Lane v. State, 113 Ga. 1040, and cit. In this case, there being no evidence whatever upon the subject of value, there could not have been a legal conviction; and hence the verdict was without evidence to support it, and a new tidal should have been granted.

2. A new trial being required under the ruling made in the first headnote, the other questions made in this ease (there being no complaint of any , ruling of the court upon questions of law) will not be considered.

J…

2Cases cited1 opinion

  1. Lane v. StateSupreme Court of Georgia · 1901

3Cited by2 opinions

  1. Bryan v. StateCourt of Appeals of Georgia · 1978
  2. Harris v. StateCourt of Appeals of Georgia · 1933

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