Culver v. State
Supreme Court of Georgia
Accusation of receiving stolen goods. Before Judge Little. City Court of Sparta. December 11, 1905. , The evidence shows, that Culver, the accused, went to the livery-stable of Harrison, during Harrison’s absence, to buy a set of harness. He proposed at first to buy the harness from Pinkston, a servant of Harrison, and offered him $6 for it. Pinkston telephoned to Harrison, reporting the offer and asking for directions.
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Accusation of receiving stolen goods. Before Judge Little. City Court of Sparta. December 11, 1905. , The evidence shows, that Culver, the accused, went to the livery-stable of Harrison, during Harrison’s absence, to buy a set of harness. He proposed at first to buy the harness from Pinkston, a servant of Harrison, and offered him $6 for it. Pinkston telephoned to Harrison, reporting the offer and asking for directions. He was advised by Harrison to sell for $12.50, but nothing -less. The accused declined to pay that price, and again offered Pinkston $6. Pinkston then told him that he had no…
1Opinion of the CourtAtkinson, J.
1. This case turns upon the question of intent. Between the witnesses and the statement of the accused there is hardly a dispute. The evidence touching the bona fides of the defendant in purchasing from Hawkins is susceptible of two constructions, one in favor of innocence, and the other of guilt. In passing upon this question the good character of the accused is manifestly material. The charge complained of deals with the subject in such way as-to avoid the application of the rule to the vital question at issue. The jury is instructed, in effect, that if they believe the character of the…
2Cases cited2 opinions
- Doster v. StateSupreme Court of Georgia · 1893
- Barfield v. StateSupreme Court of Georgia · 1898
3Cited by4 opinions
- Fordham v. StateSupreme Court of Georgia · 1906
- Baggett v. StateCourt of Appeals of Georgia · 1948
- Bryant v. StateCourt of Appeals of Georgia · 1918
- Knopp v. StateCourt of Appeals of Georgia · 1939