Brown v. State
Supreme Court of Georgia
Criminal Law. Before Judge Harvey. Oglethorpe Superior Court. April Term, 1871. These defendants were indicted in the District Court for hog stealing. The animals were described in the indictment as being “the personal goods of William Agee, to-wit: one black pig, white listed, one white pig, with blue rump ; said pigs having no ear marks, of the value of two dollars.” The defendants pleaded that they had settled the case with Agee before prosecution.
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Criminal Law. Before Judge Harvey. Oglethorpe Superior Court. April Term, 1871. These defendants were indicted in the District Court for hog stealing. The animals were described in the indictment as being “the personal goods of William Agee, to-wit: one black pig, white listed, one white pig, with blue rump ; said pigs having no ear marks, of the value of two dollars.” The defendants pleaded that they had settled the case with Agee before prosecution. This plea was demurred to, and the demurrer was sustained. The defendants were convicted. They moved an arrest of judgment, upon the ground…
1Opinion of the Court
McCay, Judge.
I. Larceny, even of hogs, was, by section 105, of the old *301Code, punishable by fine and imprisoment. It may • be punished by fine and imprisonment, under the Act of 1865, providing a general punishment for all misdemeanors. This offense was not, therefore, one that could be settled under section 4609 of the Code. There are other objections to this plea of settlement, but this is sufficient.
2. The description of a thing must be always one of degree. It would be an encouragement to crime to require every imaginable mark of identity to be mentioned. Certainty to a reasonable intent…
2Cited by7 opinions
- Smith v. EmbryCourt of Appeals of Georgia · 1961
- Pharr v. StateCourt of Appeals of Georgia · 1931
- Harvey v. StateSupreme Court of Georgia · 1905
- Adams v. StateCourt of Appeals of Georgia · 1917
- Geiger v. StateCourt of Appeals of Georgia · 1917
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