Gilreath v. State
Supreme Court of Georgia
Indictment for trespass. ‘Before Judge Akin. City court of Cartersville. March term, 1895. Holton Gilreath was tried upon an indictment charging that he and Caleb and Will Gilreath took and carried away certain rails, the property of A. M. Gaines, from his land without his consent. The Gilreath family and Gaines are adjacent landowners. A settlement road once divided their lauds.
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Indictment for trespass. ‘Before Judge Akin. City court of Cartersville. March term, 1895. Holton Gilreath was tried upon an indictment charging that he and Caleb and Will Gilreath took and carried away certain rails, the property of A. M. Gaines, from his land without his consent. The Gilreath family and Gaines are adjacent landowners. A settlement road once divided their lauds. The State’s evidence showed, that in 1872 it was agreed between Gilreath and Glasgow, who then owned, the Gaines place,'that the fence of each owner should be moved to the center of the road on the original land-line…
1Opinion of the Court
Atkinson, Justice.
1. To charge the commission of an indictable trespass, it is ordinaxfily not necessary to allege the value of the property injured or eonveiffed thereby. If the trespass itself amount to a larceny, then, as one of the constituents of that offense, it is essential that the value be alleged. If the animus furandi be wanting, however, .and the taking merely wrongful, it is unnecessary to .allege the value, unless that enters as an element in the definition of the offense. An illustration of this is furnished in the section of the code we now have under review, viz. section…
2Cases cited2 opinions
- Padgett v. StateSupreme Court of Georgia · 1888
- Drees v. StateSupreme Court of Arkansas · 1881
3Cited by2 opinions
- Lyons v. BassfordSupreme Court of Georgia · 1978
- State v. BuckSupreme Court of Vermont · 1901