Minor v. State
Supreme Court of Georgia
Criminal Law. Evidence. Principals. Accessories. Charge of Court. Before Judge Wright. Dougherty Superior Court. October Term, 1876. Minor was placed upon trial for the offense of simple larceny, alleged to have been committed in the stealing of a cow. He pleaded not guilty. The jury found him guilty.
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Criminal Law. Evidence. Principals. Accessories. Charge of Court. Before Judge Wright. Dougherty Superior Court. October Term, 1876. Minor was placed upon trial for the offense of simple larceny, alleged to have been committed in the stealing of a cow. He pleaded not guilty. The jury found him guilty. He moved for a new trial upon the following grounds, to-wit: 1. Because the court erred in allowing the witness, Israel Telfair, to testify as to how many, and when, other cattle had been killed at the butcher-pen of defendant, for the purpose of showing how the parties were in the habit of…
1Opinion of the Court
Bleckley, Judge.
1. Where the indictment is for stealing a cow, and the evidence tends to connect the prisoner with the act of butchering the animal at a certain pen, evidence that he had previously, at different times, butchered other cattle at the same pen, is admissible to show that he used the pen, and was engaged in a butchering business.
2. A person may be “ one of the original parties ” to an offense without being a principal in the first degree. If a principal in the second degree, or if only an accessory before the fact, he would be a party to the offense from the moment of its…
2Cited by13 opinions
- Springer v. StateSupreme Court of Georgia · 1897
- Freeman v. StateSupreme Court of Georgia · 1924
- Wilson v. StateSupreme Court of Georgia · 1921
- Middleton v. StateSupreme Court of Georgia · 2020
- Carroll v. StateSupreme Court of Georgia · 1948
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