Phillips v. State
Supreme Court of Georgia
Larceny, in Chatham Superior Court. Tried before Judge Fleming, at January Term, 1861. Joseph W. Phillips, indicted for larceny, was put upon his trial, at January Term, 1861, of Chatham Superior Court.
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Larceny, in Chatham Superior Court. Tried before Judge Fleming, at January Term, 1861. Joseph W. Phillips, indicted for larceny, was put upon his trial, at January Term, 1861, of Chatham Superior Court. The State produced the following-testimony: P. L. Nea.ce sworn, says: Between six and seven o’clock of the morning of the day mentioned in the indictment, I went to Wayne’s stables to purchase some mules; he was not in, and I then went to prisoner’s store and purchased a few things, and taking my pocket-book out, I left it on a barrel, or on the counter, in prisoner’s store. I forgot it, and…
1Opinion of the Court
By the Court. —
Lyon, J., delivering the opinion.
1. There was no error in the Court permitting the witness, Wray, to testify as to the conduct and action of the negro boy, when the search was made and the pocket-book discovered. It was a part of the defense of the prisoner, that as the negro was about the store when the theft was committed, it was possible that he might have been the thief, and any evidence that had a tendency to break down or destroy this theory was admissible. We do not say that the emotions of joy or pleasure exhibited by the boy, as sworn to by the witness, were sufficient…
2Cited by4 opinions
- Merritt v. StateSupreme Court of Georgia · 1921
- O'Neil v. StateSupreme Court of Georgia · 1898
- Harper v. StateSupreme Court of Georgia · 1909
- Garnto v. StateSupreme Court of Georgia · 1981