Ayers v. State
Court of Appeals of Georgia
Indictment for simple larceny, from Haralson superior court— Judge Edwards. October 3, 1907. The indictment charged the defendant with the larceny of “one Eclipse Erick engine, 2.5 horse power, 1 Erick box boiler, 3 log carts, 1 set lumber-trucks and track-irons, all of the value of $500, and of the personal goods of one I. B. Witcher, a constable,” the indictment reciting that the property had been levied on by the constable under a described attachment.
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Indictment for simple larceny, from Haralson superior court— Judge Edwards. October 3, 1907. The indictment charged the defendant with the larceny of “one Eclipse Erick engine, 2.5 horse power, 1 Erick box boiler, 3 log carts, 1 set lumber-trucks and track-irons, all of the value of $500, and of the personal goods of one I. B. Witcher, a constable,” the indictment reciting that the property had been levied on by the constable under a described attachment. The property belonged to the defendant, but the constable had seized it under an attachment. The defendant, after lulling the constable…
1Opinion of the CourtPowell, J.
1. The defendant demurred to the indictment, on the ground that the property alleged to have been stolen is not sufficiently described. “The description should be simply such as, in connection with the other allegations, will affirmatively show the defendant to be guilty, will reasonably inform him of the instance meant, and put him in a position to make the needful preparations *306to meet the charge.” 2 Bishop, Crim. Proc. §699, cited in Walthour v. State, 114 Ga. 76 (39 S. E. 872). See also Bone v. State, 120 Ga. 866 (48 S. E. 356); Sanders v. State, 86 Ga. 717 (12 S. E. 1058); Powell v.…
2Cases cited23 opinions
- Roberts v. StateSupreme Court of Georgia · 1875
- Sanders v. StateSupreme Court of Georgia · 1891
- Brown v. StateSupreme Court of Georgia · 1902
- Melvin v. StateSupreme Court of Georgia · 1904
- Corniff v. CookSupreme Court of Georgia · 1894
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3Cited by25 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Cabaniss v. StateCourt of Appeals of Georgia · 1910
- Mance v. StateCourt of Appeals of Georgia · 1908
- Peterson v. StateCourt of Appeals of Georgia · 1909
- Lewis v. StateCourt of Appeals of Georgia · 1915
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