Johnson v. State
Supreme Court of Georgia
Indictment for burglary. Before Judge Richard H. Clark. Fulton superior court. September term, 1892. Delk, Moore and Johnson were indicted for breaking and entering tbe tailor-shop of B. Fresh and stealing eight pairs of pants and five coats. Johnson was found guilty, and his motion for a new trial was overruled.
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Indictment for burglary. Before Judge Richard H. Clark. Fulton superior court. September term, 1892. Delk, Moore and Johnson were indicted for breaking and entering tbe tailor-shop of B. Fresh and stealing eight pairs of pants and five coats. Johnson was found guilty, and his motion for a new trial was overruled. The special grounds of the motion were, that the court erred in the following parts of the charge : 1. “I will charge you first upon this case as though Delk and Moore had not testified at all. I will first present the ease to you with these men entirely out of it and in no way in…
1Opinion of the Court
Judgment reversed.
2. “ Perhaps I ought to charge you that the time that this burglary was committed, if you believe that.a burglary was committed, is immaterial. The law allows the State to go back four years, in cases of this sort, prior to the date when the bill of indictment was found. But if upon the testimony the time is made by the evidence material, it may be made from the run of the evidence material, and therefore, if that is the case you are to consider the time.” 3. “ The solicitor-general, under the law, lias a right to conduct a case for the State as he sees fit, and then when it…
2Cited by3 opinions
- Pope v. StateSupreme Court of Georgia · 1930
- Rowland v. StateCourt of Appeals of Georgia · 1977
- Chance v. StateCourt of Appeals of Georgia · 1924