Legal Opinion

Walker v. State

Supreme Court of Georgia

Decided March 15, 1859PublishedCited by 7 opinions

Indictment, for hog stealing, in Haralson superior court. Tried before Judge Hammond, October Term, 1858. The plaintiff in error was indicted for hog stealing and found guilty.

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Indictment, for hog stealing, in Haralson superior court. Tried before Judge Hammond, October Term, 1858. The plaintiff in error was indicted for hog stealing and found guilty. His counsel moved for a. new trial o.n the following grounds : 1. Because the court erred iu not permitting defendant to prove what he said in explanation of his possession of the hog, when found in his possession. 2. Because the court erred in refusing to allow defendant to prove the offer of James Plott to sell a lot of hogs to E. j. Newman, on Walsen creek, and the description he gave of their different marks, and…

1Opinion of the Court

By the Court.

Benning, J.,

delivering the opinion.

All of the grounds of the motion but two, were abandoned. These two were the first and last.

As to the first—

Head the prosecution. The owner of the hogs alleged to have been taken, testified as follows: “ That in December, 1857, he saw a black spotted hog in a pen near defendant’s house; knew the hog; it belonged to witness ; the marks had been changed to two splits in each ear- — -the splits looked like they had not been long made, and not fully healed — the hog had been altered. Witness had not seen the hog in three or four weeks — witness…

Also in this document: Concurrence.

2Cited by7 opinions

  1. State v. GoldstrohmWest Virginia Supreme Court · 1919
  2. Lovett v. StateSupreme Court of Georgia · 1888
  3. Davis v. StateMississippi Supreme Court · 1874
  4. People v. BowenMichigan Supreme Court · 1912
  5. State v. WhiteSupreme Court of Vermont · 1905

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