Legal Opinion

McDonald v. State

Court of Appeals of Georgia

Decided October 31, 1917No. 9008PublishedCited by 15 opinions

Indictment for larceny from the person; from Bibb. superior court — Judge Mathews. June 9, 1917. McDonald and Jenkins were jointly indicted for larceny from the person of money and a pocket-book of one Andrews. Jenkins was tried and convicted, and the judgment of the court overruling his motion for new trial was reviewed and affirmed by the Court of Appeals. Jenkins v. State, 19 Ga.

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Indictment for larceny from the person; from Bibb. superior court — Judge Mathews. June 9, 1917. McDonald and Jenkins were jointly indicted for larceny from the person of money and a pocket-book of one Andrews. Jenkins was tried and convicted, and the judgment of the court overruling his motion for new trial was reviewed and affirmed by the Court of Appeals. Jenkins v. State, 19 Ga. App. 626 .(91 S. E, 944). McDonald, the defendant in-the instant ease, was afterward tried and convicted. His motion for new trial was overruled, and he excepted. The testimony for the State, briefly stated, shows…

1Opinion of the CourtHarwell, J.

1. The excerpt from the charge of the court complained of in the 4th ground of the motion for a new trial correctly defines the offense of larceny from the person, and the exception taken thereto, that the court failed “to charge the law as to .principals in the first and second degree,” is not well taken. Collins v. State, 88 Ga. 347 (14 S. E. 474); Morgan v. State, 120 Ga. 294 (48 S. E. 9); Hill v. State, 18 Ga. App. 259 (89 S. E. 351)..

2.. The charge of the court excepted to in ground 5 of the motion, when considered in connection with the otliér portions of the charge, was not erroneous…

2Cases cited7 opinions

  1. Millen & Southwestern Railroad v. AllenSupreme Court of Georgia · 1908
  2. Hill v. StateCourt of Appeals of Georgia · 1916
  3. Collins v. StateSupreme Court of Georgia · 1892
  4. Morgan v. StateSupreme Court of Georgia · 1904
  5. Wyatt v. StateCourt of Appeals of Georgia · 1916

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  2. Hayes v. StateCourt of Appeals of Georgia · 1927
  3. Kimball v. StateCourt of Appeals of Georgia · 1940
  4. Taylor v. R.O.A. Motors, Inc.Court of Appeals of Georgia · 1966
  5. City of Manchester v. BeaversCourt of Appeals of Georgia · 1928

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