Lawrence v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Catoosa superior court— Judge Fite. The indictment charged that J. L. Lawrence “did . . unlawfully and feloniously mark” a certain red steer, the property of J. B. Beaver, “by cutting off a part of the left ear of said steer, and by branding on the left hip of said steer a letter ‘ L,’ and by then and there altering and changing the mark on said steer with the intention to claim and appropriate said steer to his, the said J. L. Lawrence’s,…
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Indictment for misdemeanor; from Catoosa superior court— Judge Fite. The indictment charged that J. L. Lawrence “did . . unlawfully and feloniously mark” a certain red steer, the property of J. B. Beaver, “by cutting off a part of the left ear of said steer, and by branding on the left hip of said steer a letter ‘ L,’ and by then and there altering and changing the mark on said steer with the intention to claim and appropriate said steer to his, the said J. L. Lawrence’s, own use and to prevent identification by the said owner of said steer.” The accused moved to quash the indictment, on the…
1Opinion of the CourtPottle, J.
1. We agree that § 162 of the Penal Code (1910) defines two distinct offenses; one the marking or branding of the animal, and the other the altering or changing the mark or brand. We also agree that two separate and distinct offenses can not be joined in one count in the same indictment, where the objection is raised on arraignment by motion to quash.or special demurrer to the indictment. 1 Bisho.p, Criminal Procedure,. p 432. But we *788do not think the indictment in the present case charges two offenses. The offense described in the indictment is that of marking and branding the steer in the…
2Cases cited8 opinions
- Hall v. StateCourt of Appeals of Georgia · 1911
- Louisville & Nashville Railroad v. RogersSupreme Court of Georgia · 1911
- Mitchell v. StateCourt of Appeals of Georgia · 1909
- Thomas v. StateSupreme Court of Georgia · 1877
- Haley v. StateSupreme Court of Georgia · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bennings v. StateCourt of Appeals of Georgia · 1936
- Ramsey v. StateCourt of Appeals of Georgia · 1924
- Warren v. StateCourt of Appeals of Georgia · 1924
- Griffin v. StateCourt of Appeals of Georgia · 1923
- Wilkes v. StateCourt of Appeals of Georgia · 1912
1 more not listed; retrieve them via the Exa API.