Garris v. State
Supreme Court of Georgia
Simple Larceny. In Dougherty Superior Court. Motion for new trial. Decided by Judge Cole. June Term, 1866. Evidence submitted by the State. Turner A. Cleaves, says: Me knows the prisoner — first saw him the forepart of the day the horses were stolen.
Read the full summary
Simple Larceny. In Dougherty Superior Court. Motion for new trial. Decided by Judge Cole. June Term, 1866. Evidence submitted by the State. Turner A. Cleaves, says: Me knows the prisoner — first saw him the forepart of the day the horses were stolen. About two months since they passed witness’ house; on returning, stopped at witness’ house, as his hands were going towor-k; appeared to watch the mules particularly; proposed to sell witness a mule; witness did not want the mule, as he knew it; saw them talking with the boy Lewis; soon they left, and Lewis went to his work. Witness had a sorrel…
1Opinion of the CourtLumpkin, C. J.
[1.] We think the evidence fully warranted the first charge made by the Court. It is not made on an assumed state of facts. But the inference is legitimately drawn from the circumstances, that a bargain was made between the prisoner and the boy Lewis, for the latter to take the property and bring it to him.
[2.] Was not the testimony sufficient to show a wrongful and fraudulent taking, and the intention of prisoner to steal the property? Why not make the trade in open day, and in tli© presence of Cleaves, if honestly made with Lewis ? Did the prisoner believe that the horse and mule belonged…
2Cited by4 opinions
- Banks v. StateSupreme Court of Arkansas · 1918
- Varner v. StateSupreme Court of Georgia · 1884
- State v. RichardsUtah Supreme Court · 1955
- State v. RichardsUtah Supreme Court · 1955