Legal Opinion

Guyton v. State

Court of Appeals of Georgia

Decided April 2, 1913No. 4652PublishedCited by 2 opinions

Accusation of larceny after trust; from city court of Dublin—’ Judge Hicks. January 14, 1913. The accusation was based on an affidavit of Csesar Plummer, and charged Tom Guyton with “the offense of a misdemeanor, for that the said Tom Guyton, .' . unlawfully, after having been entrusted by affiant with one certain bale of lint cotton weighing about 615 pounds, and of the value of $36.90, fpr the purpose of applying the same for the use and; benefit of affiant by bringing…

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Accusation of larceny after trust; from city court of Dublin—’ Judge Hicks. January 14, 1913. The accusation was based on an affidavit of Csesar Plummer, and charged Tom Guyton with “the offense of a misdemeanor, for that the said Tom Guyton, .' . unlawfully, after having been entrusted by affiant with one certain bale of lint cotton weighing about 615 pounds, and of the value of $36.90, fpr the purpose of applying the same for the use and; benefit of affiant by bringing said cotton to Dublin and to be turned over to Sam Weiehselbaum Company on a debt that affiant owed said company, but…

1Opinion of the CourtHill, C. J.

This being an accusation of larceny after trust, under the Penal Code (1910), § 192 or § 194, in which there was no allegation as to the ownership of the property alleged to have been entrusted to and converted by the 'accused, a demurrer to the indictment because of this omission should have been sustained. Norfleet v. State, 9 Ga App. 853 (72 S. E. 447). Judgment reversed.

2Cases cited1 opinion

  1. Norfleet v. StateCourt of Appeals of Georgia · 1911

3Cited by2 opinions

  1. McElmurray v. StateCourt of Appeals of Georgia · 1948
  2. Hanson v. StateCourt of Appeals of Georgia · 1913

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