Bernhard v. State
Supreme Court of Georgia
■ Criminal Law. Verdict. Charge of Court. New Trial. Before Judge Hammond. Clayton Superior Court. March Term, 1885. John Bernhard was indicted jointly with Jim Mitchell, Dock Curtis and Abe Ponder for the larceny of cotton, alleged to belong to J. E. Lindler and W. D. Banks. Bern-hard was put on his trial separately.
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■ Criminal Law. Verdict. Charge of Court. New Trial. Before Judge Hammond. Clayton Superior Court. March Term, 1885. John Bernhard was indicted jointly with Jim Mitchell, Dock Curtis and Abe Ponder for the larceny of cotton, alleged to belong to J. E. Lindler and W. D. Banks. Bern-hard was put on his trial separately. The evidence for the state was, in brief, as follows : Certain cotton belonging to I. E. Lindler and W. D. Banks was stolen from a gin-house on the night of November 29, orthe morning of the 30th, 1882. On that night, after twelve o’clock, a wagon was heard passing up the road…
1Opinion of the Court
Jackson, Chief Justice.. Bernhard was convicted of stealing two bales of cotton,, and, being dissatisfied, brings his case before this court, as-f signing as error the denial of a motion to arrest the judgment' and the denial of a motion, for a new trial, on the grounds therein specified. . i
1. Bernhard being the only defendant on trial, a verdict' of. guilty meant him, and could not mean either of the others indicted with him, but not on trial. Thurmond vs. The State, 55 Ga., p. 599. Therefore^ the motion to arrest the judgment, was properly overruled.
*6172. The verdict is supported by the…
2Cited by8 opinions
- Barbour v. StateCourt of Appeals of Georgia · 1910
- Davis v. StateSupreme Court of Georgia · 1922
- Walker v. StateSupreme Court of Georgia · 1903
- Joiner v. StateSupreme Court of Arkansas · 1914
- Johnson v. StateCourt of Appeals of Georgia · 1968
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