Smith v. State
Supreme Court of Georgia
Criminal law. Indictment. Yerdict. Sentence. Practice in the Superior Court. Judgments. Before Judge Tompkins. Chatham Superior Court.
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Criminal law. Indictment. Yerdict. Sentence. Practice in the Superior Court. Judgments. Before Judge Tompkins. Chatham Superior Court. February Term, 1877. Smith and Davis were charged with the offense of larceny from the house of goods over the value of $50.00, for that they, in the county of Chatham and state of Georgia, on December 20,1876, with force and arms, from the dwelling-house of one Eldred Geffcken, one pocket-book, of the value of $1.00, and ... all the property of one Georgia C. Geffcken, therein being found, wrongfully, feloniously, and fraudulently, did take and carry away…
1Opinion of the Court
Bleckley, Judge.
1. The indictment omitted the word “ privately,” in alleging the act of stealing. Objection to it on this ground came too late, after verdict. Code, §4629.
2. The value of the stolen goods being alleged in the indictment, and the allegation being material in grading the punishment, a general verdict of guilty was a finding that the allegation was true. If the value proved had been under fifty dollars, the jury would have returned the fact specially (12 Ga., 298), or rendered a verdict of not guilty.
3. In Georgia practice, the presence of the prisoner and his counsel, in all…
2Cases cited8 opinions
- Martin v. StateSupreme Court of Georgia · 1874
- State v. RedmanSupreme Court of Iowa · 1864
- Grady v. StateSupreme Court of Georgia · 1852
- Nolan v. StateSupreme Court of Georgia · 1874
- Jenkins v. StateSupreme Court of Georgia · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Geiger v. StateCourt of Appeals of Georgia · 1973
- Fowler v. GrimesSupreme Court of Georgia · 1944
- State v. ReedMontana Supreme Court · 1922
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Pippin v. StateSupreme Court of Georgia · 1931
15 more not listed; retrieve them via the Exa API.