Blumenthal v. State
Supreme Court of Georgia
Accusation of receiving stolen goods. Before Judge Norwood.. City court of Savannah. August 19, 1904. The defendant was convicted of receiving pantaloons knowing-them to be stolen.
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Accusation of receiving stolen goods. Before Judge Norwood.. City court of Savannah. August 19, 1904. The defendant was convicted of receiving pantaloons knowing-them to be stolen. There was evidence that he was a pawnbroker; that he had failed to enter in his stub-book the pantaloons pledged, as required by the city ordinances, and that he had attempted to conceal the fact of the pledge when inquiry was. made in reference thereto by the officer who was searching for. the lost goods. It appeared that the pantaloons had been stolen by two negro women. The defendant denied knowing that they had…
1Opinion of the CourtLamar, J.
There is a difference between fact and evidence tending to establish a fact, though it may not be possible to lay down any rule by which the line separating the two may be distinguished in determining the power of the judge to refer thereto. It has been held that the judge need not confine himself to the abstract, but may instruct the jury with reference to the concrete. Penniman v. State, 58 Ga. 336. To that end, and for the purpose of making a helpful charge, he may define what are the constituent elements of the offense named in the indictment, and thereupon instruct the jury that if they…
2Cases cited6 opinions
- Davis v. StateSupreme Court of Georgia · 1893
- Moody v. StateSupreme Court of Georgia · 1901
- Roland v. Coleman & Co.Supreme Court of Georgia · 1886
- Pennaman v. StateSupreme Court of Georgia · 1877
- Bradley v. StateSupreme Court of Georgia · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Inf. McKittrick v. GravesSupreme Court of Missouri · 1940
- Haugabrooks v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1940
- Smith v. HazlehurstSupreme Court of Georgia · 1905
- Caldwell v. StateCourt of Appeals of Georgia · 1950
- Pope v. StateCourt of Appeals of Georgia · 1931
5 more not listed; retrieve them via the Exa API.