Legal Opinion

Paulk v. State

Court of Appeals of Georgia

Decided January 31, 1911No. 3115PublishedCited by 15 opinions

Indictment for hog-stealing, from Appling superior .court— Judge Conyers. November 12, 1910.

1Opinion of the CourtHill, C. J.

1. The controlling issue in this case, under the evidence, is whether the defendant intended to steal the hog, or only to kill it. The trial judge very clearly instructed the jury that before they would 'be authorized to convict they must believe, beyond a reasonable doubt, that the defendant intended to steal, and not to kill the hog. The facts and circumstances proved authorized the inference by the jury of the existence of the animus furandi. Paulk v. State, 2 Ga. App. 660, 662 (58 S. E. 1108).

2. The defense of alibi relied upon was not sustained by the evidence. It wholly failed to…

2Cases cited3 opinions

  1. Moody v. StateSupreme Court of Georgia · 1901
  2. Smith v. StateCourt of Appeals of Georgia · 1909
  3. Paulk v. StateCourt of Appeals of Georgia · 1907

3Cited by15 opinions

  1. Moore v. StateCourt of Appeals of Georgia · 1915
  2. Bonner v. StateCourt of Appeals of Georgia · 1921
  3. Throckmorton v. StateCourt of Appeals of Georgia · 1918
  4. Brown v. StateCourt of Appeals of Georgia · 1970
  5. Cole v. StateCourt of Appeals of Georgia · 1940

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