Legal Opinion
Gilbert v. State
Supreme Court of Georgia
Decided December 13, 1902PublishedCited by 5 opinions
■ Indictment for breaking and entering railroad-car. Before Judge Bennet. Ware superior court. June 25, 1902.
1Opinion of the CourtCobb, J.
1. An indictment which charges that the accused broke and entered a certain railroad-car marked “ C. of Ga. 201,” and alleges that such car was at the time “in the custody and control” of another named railway company, sufficiently avers ownership of the car to have been in such company. See Adkins v. State, 115 Ga. 582; Clark’s Crim. Law (2d ed.), 277; 2 Bish. New Cr. Law, §789 (2); Com. v. Finn, 108 Mass. 466.
2. The above ruling is not in conflict with the decision in Cooper v. State, 89 Ga. 22, the averment in that case being simply that the car was on a named railway in the county. Even…
2Cases cited3 opinions
- Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
- Chattanooga, Rome & Columbus Railroad v. LyonSupreme Court of Georgia · 1892
- Adkins v. StateSupreme Court of Georgia · 1902
3Cited by5 opinions
- Keasler v. StateCourt of Criminal Appeals of Oklahoma · 1927
- Teal v. StateSupreme Court of Georgia · 1903
- Farm v. StateCourt of Appeals of Georgia · 1919
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Walker v. StateCourt of Appeals of Georgia · 1923