Wise v. State
Supreme Court of Georgia
Indictment, for larceny from house. Tried before Judge Fleming, at May Term, 1857. Robert Wise was indicted for stealing a set of harness belonging to Frederick A. Tupper, from the stable of Stephens & Elliston, in the city of Savannah. Upon the trial, the following testimony was introduced on the part of the State: Thomas F. Stephens, testified, “ that he boarded Mr. Tupper’s horse at his stable, his harness was also left with him.
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Indictment, for larceny from house. Tried before Judge Fleming, at May Term, 1857. Robert Wise was indicted for stealing a set of harness belonging to Frederick A. Tupper, from the stable of Stephens & Elliston, in the city of Savannah. Upon the trial, the following testimony was introduced on the part of the State: Thomas F. Stephens, testified, “ that he boarded Mr. Tupper’s horse at his stable, his harness was also left with him. The stable was kept by him and Jacob' Elliston, as Copartners, under the name of Stephens & Elliston. Every evening, before he left the stable, he always went…
1Opinion of the CourtMcDonald, J.
By the Court delivering the opinion.
The plaintiff in error, after conviction, moved in the Court below, for a new trial on three grounds :
1st. Because the verdict was contrary to law.
2d. Because the verdict was contrary to evidence.
3d. Because since his trial, the prisoner has discovered new and material evidence, which he did not know of at the trial, and which no effort on his part could have procured.
[1.] The first ground in this motion is predicated on the allegation that the indictment does not sufficiently charge *38the offence of larceny from the house. No objection appears to have been…
2Cited by3 opinions
- State v. EubanksSupreme Court of Georgia · 1977
- Scandrett v. StateSupreme Court of Georgia · 1905
- Fuller v. HarrisDistrict Court, D. Alaska · 1887