Wimbish v. State
Supreme Court of Georgia
Criminal law. Indictment. Bailment. Witness. Before Judge Richard H. Clark. Fulton superior court. September term, 1891. Tbe indictment charged Wimbish with burglary in breaking and entering the bar-room of Marshall with intent to steal, and after breaking and entering, stealing therefrom some money, a pistol and a lot of cigars and whisky, the property oí Marshall, on August 21, 1891, ■ in Fulton county.
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Criminal law. Indictment. Bailment. Witness. Before Judge Richard H. Clark. Fulton superior court. September term, 1891. Tbe indictment charged Wimbish with burglary in breaking and entering the bar-room of Marshall with intent to steal, and after breaking and entering, stealing therefrom some money, a pistol and a lot of cigars and whisky, the property oí Marshall, on August 21, 1891, ■ in Fulton county. There was a verdict of guilty; defendant’s motion for a new trial was overruled, and he excepted. Among the grounds of the motion were the following : Error m admitting, over defendant’s…
1Opinion of the Court
*294 Judgment reversed,.
Pelot, a policeman, testified : “I have seen that [piece of paper] before. A negro boy locked up in the cell ■with Wimbish on a charge of being drunk had it. When he came out he offered that note to me. I took the note and went back to the station-house and asked him (Wimbish) if he could write. He told me he could, and I asked him to write his name and gave him this piece of paper [exhibiting another paper], and he wrote his name on there, and I compared his name with the name on the back and asked him if he would deny the note. He tucked his head down and walked back…
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