Smith v. State
Supreme Court of Georgia
Indictment for robbery. Before Judge Roan. Eulton superior court. November 21, 1902. .The accused was found guilty of robbery, and moved for a new trial on the grounds that the verdict was contrary to law and the evidence. The motion was overruled, and he excepted.
Read the full summary
Indictment for robbery. Before Judge Roan. Eulton superior court. November 21, 1902. .The accused was found guilty of robbery, and moved for a new trial on the grounds that the verdict was contrary to law and the evidence. The motion was overruled, and he excepted. The material parts of the testimony of the only witness are as follows: “ I had my pocket-book fastened around my finger, holding it in that way, . . and that lady there was next to me. . . I had been down town on a shopping tour, and at the corner of Church and Eairlie streets . . she called to me to look out, and as she did he…
1Opinion of the CourtLamar, J.
The defendant offered to plead guilty of the offense •of larceny from the person, contending that, under the decisions of this court in Fannin v. State, 66 Ga. 167, and Spencer v. State, 106 Ga. 692, he could not properly be convicted of robbery. A comparison of these two cases with the common-law authorities and the Penal Code may be instructive, as the question presented by this record is one of constant recurrence. In the Fannin case it appeared “ that the defendant slipped his hand into a lady’s outside pocket and furtively took therefrom a purse of money. Before "he got the purse…
2Cases cited3 opinions
- State v. BroderickSupreme Court of Missouri · 1875
- Spencer v. StateSupreme Court of Georgia · 1899
- Fanning v. StateSupreme Court of Georgia · 1880
3Cited by16 opinions
- Montos v. StateSupreme Court of Georgia · 1956
- State v. ParkerSupreme Court of Missouri · 1914
- State v. RobertsonSupreme Court of Rhode Island · 1999
- Henderson v. StateSupreme Court of Georgia · 1952
- McNearney v. StateCourt of Appeals of Georgia · 1993
11 more not listed; retrieve them via the Exa API.