Brooks v. State
Court of Appeals of Georgia
Indictment for larceny of automobile; from Putnam superior court—Judge Park. March 9, 1920. The 4th ground of the motion for a new trial is that the court erred in charging the jury as follows: “ If you are satisfied, to a reasonable 'and moral certainty and beyond a reasonable doubt, by the evidence in this case, that on the 7th day of September, 1919, in the county of Putnam, the automobile described in the bill of indictment was taken and carried away with intent to steal…
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Indictment for larceny of automobile; from Putnam superior court—Judge Park. March 9, 1920. The 4th ground of the motion for a new trial is that the court erred in charging the jury as follows: “ If you are satisfied, to a reasonable 'and moral certainty and beyond a reasonable doubt, by the evidence in this case, that on the 7th day of September, 1919, in the county of Putnam, the automobile described in the bill of indictment was taken and carried away with intent to steal the same, and if you are further satisfied that the automobile belonged to Isaiah Johnson, and if you are further…
1Opinion of the CourtBloodworth, J.
Only the first headnote needs elaboration. One of the grounds of the motion for a new trial alleges that the judge erred in charging the jury as follows: “The defendant sets up in this case what the law denominates as a plea of alibi. An alibi, under the laws of the State of Georgia, is the impossibility of the defendant’s presence at the time and place of the alleged *741offense; and if tbe range of tbe evidence upon tbe plea of alibi is sufficient to exclude the reasonable hypothesis that the defendant was present, under the law that plea of 'alibi would be good.” This portion of the charge is…
Also in this document: Concurrence.
2Cases cited9 opinions
- Harrison v. StateSupreme Court of Georgia · 1889
- Shaw v. StateSupreme Court of Georgia · 1897
- Ledford v. StateSupreme Court of Georgia · 1885
- Callahan v. StateCourt of Appeals of Georgia · 1914
- Holland v. StateCourt of Appeals of Georgia · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chambers v. StateCourt of Appeals of Georgia · 1942
- Henderson v. StateCourt of Appeals of Georgia · 1921
- Hornbuckle v. StateCourt of Appeals of Georgia · 1947
- Mitchell v. StateCourt of Appeals of Georgia · 1927