Bailey v. State

Simmons, Justice.

[Bailey was tried in the city court of Atlanta on an accusation of larceny from the house. The evidence showed that he and one Harris went into a store, and while the latter was being waited on, defendant went back to a pile of clothing, vests, etc., and commenced looking at them. A clerk waited on Harris and then turned to defendant, who walked out. He carried a basket, through a hole in the top of which the clerk saw a vest which he identified as belonging to the store.. He took hold of the basket, charging defendant with having stolen the vest. Defendant pulled away and…