Legal Opinion · Concurrence

Horton v. State

Court of Appeals of Georgia

Decided October 31, 1917No. 8945Published

Accusation of- larceny; from city court of Sparta — Judge Moore. May 10, 1917.

1Concurrence

Broyles, P. J.,

specially concurring. It is with some reluctance that I concur in the judgment reversing the judgment of the lower court in this case. I heartily agree with Mr. Justice Cobb’s language in Thomas v. State, 125 Ga. 286 (54 S. E. 182), that "those who enter dwelling-houses and steal therefrom will not he permitted to raise hice and delicate questions as to the title of the article stolen.” If the accusation in this case had simply charged that the stolen property belonged to Gilmore Thomas, this allegation would have been sustained by proof that the property belonged jointly to…

2Cases cited5 opinions

  1. Wimbish v. StateSupreme Court of Georgia · 1892
  2. Bradley v. StateCourt of Appeals of Georgia · 1907
  3. Thomas v. StateSupreme Court of Georgia · 1906
  4. Waters v. StateCourt of Appeals of Georgia · 1914
  5. Brand v. StateCourt of Appeals of Georgia · 1908

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