Legal Opinion

Patterson v. State

Supreme Court of Georgia

Decided March 25, 1905PublishedCited by 23 opinions

Indictment for larceny. Before Judge Crisp. City court of .Amerieus. February 7, 1905. By a special presentment the grand jury of Sumter county •charged M. J. Patterson with the offense of larceny from the house; “for that” he “did . . the house, to wit the storehouse of Zack Childers, in said county situate, enter, and, having •entered, one double-case silver watch, of the personal goods of ■said Zack Childers in said house, then and there being found, and of the value of…

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Indictment for larceny. Before Judge Crisp. City court of .Amerieus. February 7, 1905. By a special presentment the grand jury of Sumter county •charged M. J. Patterson with the offense of larceny from the house; “for that” he “did . . the house, to wit the storehouse of Zack Childers, in said county situate, enter, and, having •entered, one double-case silver watch, of the personal goods of ■said Zack Childers in said house, then and there being found, and of the value of thirty dollars, did wrongfully, fraudulently, and •privately take therefrom and carry away, with intent to steal the…

1Opinion of the CourtLamar, J.

(After stating the foregoing facts.) 1. The judge is not a mere umpire between contestants. He is the constitutional adviser of the jury as to the law of the case. To that end lie may withdraw from them any instructions which have been improperly given, or, on his own motion and over the objection of either party, he may recall them from their room and give needful instructions on any matter which through oversight was not included in the regular charge. Parker v. Ga. Pac. Co., 83 Ga. *591539 (8a). In these cases it is more what he says, than when he says it. It was not error for the judge on…

2Cases cited5 opinions

  1. Parker v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
  2. White v. FultonSupreme Court of Georgia · 1882
  3. Powell v. StateSupreme Court of Georgia · 1891
  4. Crawford v. StateSupreme Court of Georgia · 1894
  5. Williams v. StateIndiana Supreme Court · 1865

3Cited by23 opinions

  1. Hyde v. StateSupreme Court of Georgia · 1943
  2. Moody v. StateCourt of Criminal Appeals of Oklahoma · 1917
  3. Central of Georgia Railway Co. v. LutherCourt of Appeals of Georgia · 1973
  4. Black v. AultmanCourt of Appeals of Georgia · 1969
  5. Carr v. John J. Woodside Storage Co.Court of Appeals of Georgia · 1961

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