Portwood v. State
Supreme Court of Georgia
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
- Lane v. StateSupreme Court of Georgia · 1901
3Cited by2 opinions
- Bryan v. StateCourt of Appeals of Georgia · 1978
- Harris v. StateCourt of Appeals of Georgia · 1933