McCoy v. State
Supreme Court of Georgia
Larceny, after trust reposed. Tried before Judge POWERS, in Bibb Superior Court, November Term, 1853. ■' The indictment in this case, charged that the defendant, on 1st September, 1853, was intrusted, by Davis Smith, Jr. with, a certain bay horse, for the purpose of selling and paying over the proceeds to Smith; that tho defendant disposed of the horse for $96, and fraudulently converted the money to his own use, “the said Daniel S. McCoy not having paid to the said Davis…
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Larceny, after trust reposed. Tried before Judge POWERS, in Bibb Superior Court, November Term, 1853. ■' The indictment in this case, charged that the defendant, on 1st September, 1853, was intrusted, by Davis Smith, Jr. with, a certain bay horse, for the purpose of selling and paying over the proceeds to Smith; that tho defendant disposed of the horse for $96, and fraudulently converted the money to his own use, “the said Daniel S. McCoy not having paid to the said Davis Smith, Jr. the full value of the horse aforesaid, contrary to the laws, &c.” ' On the trial, counsel for defendant moved…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The indictment, in this case, was founded on the thirty-sixth section of the sixth division of the penal code.
That section declares, among other things, that “ if any per? *208son who has been intrusted by another with £ any’ £ horse’, for the purpose of selling such ‘ horse’, and paying over the proceeds of such sale to the owner or other person so intrusting or delivering the said” horse, “ shall fraudulently convert the said” horse, “ or the money or other thing arising from the sale” of' “said horse”, to his or her own use, “or shall otherwise…
2Cited by17 opinions
- James Burston v. E. B. Caldwell, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1975
- Manley v. StateSupreme Court of Georgia · 1928
- Smiley v. StateSupreme Court of Georgia · 1923
- Robson v. StateSupreme Court of Georgia · 1889
- Cody v. StateSupreme Court of Georgia · 1897
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