Legal Opinion

Birt v. State

Court of Appeals of Georgia

Decided February 5, 1907No. 173PublishedCited by 10 opinions

Indictment for larceny after trust, from Fulton superior court— Judge Boan. December 1, 1906.

1Opinion of the CourtHill, C. J.

1. An indictment which charges that the accused was intrusted with “a ring of the value of $80,” for the purpose of pawning said ring for the owner and bringing the money to him, and “fraudulently' converted the said ring to his own use,” is a good indictment, under the Penal Code, § 194. Such indictment need not allege that any demand was made for the ring or the proceeds thereof. Under the section of the Penal Code, supra, there are three essential elements of the crime of larceny after trust, to wit: the bailment, the purpose of the bailment, and the fraudulent conversion. The crime is…

2Cases cited2 opinions

  1. Keys v. StateSupreme Court of Georgia · 1900
  2. Alderman v. StateSupreme Court of Georgia · 1876

3Cited by10 opinions

  1. Hagood v. StateCourt of Appeals of Georgia · 1908
  2. Brandt v. StateCourt of Appeals of Georgia · 1944
  3. Berrien v. StateSupreme Court of Georgia · 1923
  4. Lewis v. StateCourt of Appeals of Georgia · 1915
  5. Bowen v. StateCourt of Appeals of Georgia · 1915

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