Abrams v. State
Supreme Court of Georgia
Indictments for larceny. Before Judge Henry. Eloyd superior court. September 5, 1904. Abrams and Osburn were jointly indicted for simple larceny, the specific charge being that they took and carried away, with intent to steal the same, a certain mule, the property of Mrs. M. A. Kerr. They were tried together, and both were convicted. Each filed a separate motion for a new trial, the grounds of the two motions being identical.
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Indictments for larceny. Before Judge Henry. Eloyd superior court. September 5, 1904. Abrams and Osburn were jointly indicted for simple larceny, the specific charge being that they took and carried away, with intent to steal the same, a certain mule, the property of Mrs. M. A. Kerr. They were tried together, and both were convicted. Each filed a separate motion for a new trial, the grounds of the two motions being identical. Both motions were overruled, and each of the accused excepted. The evidence shows that the accused had been employed by Mrs. Kerr as farm hands; that on Sunday Osburn…
1Opinion of the CourtCobb, J.
The instruction on the subject of criminal intent was unquestionably erroneous. In those offenses where intent is an element, the intent and the overt act must concur in point of time, or, in the language of the Penal Code, “there must be a. union or joint'operation of act and intention.” §31. Hence it is, that if one lawfully obtains possession of another’s property, with no intent at the time to steal it, he is not guilty of simple larceny, although he may afterwards convert the property pursuant to a subsequently formed intent. 18 Am. & Eng. Enc. Law (2d ed.), 506, and numerous cases cited…
2Cases cited5 opinions
- Harris v. StateSupreme Court of Georgia · 1888
- Mobley v. StateSupreme Court of Georgia · 1902
- Johnson v. StateSupreme Court of Georgia · 1904
- Johnson v. QuinSupreme Court of Georgia · 1874
- State v. GrimSupreme Court of Iowa · 1892
3Cited by31 opinions
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- State v. VaughanSupreme Court of Missouri · 1906
- Patten v. MillerSupreme Court of Georgia · 1940
- Daniel v. Citizens & Southern National BankSupreme Court of Georgia · 1936
- Jones v. MillsSupreme Court of Georgia · 1961
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