Hall v. State
Supreme Court of Georgia
Indictment for larceny. Before Judge Seabrook. Appling superior court. January 9, 1904. Hall with two others was indicted for stealing a bale of cotton from “ under the ginhouse of Johnson, the place where the same had been stored, the said bale of cotton having heen placed and located near the press under said ginhouse.”
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Indictment for larceny. Before Judge Seabrook. Appling superior court. January 9, 1904. Hall with two others was indicted for stealing a bale of cotton from “ under the ginhouse of Johnson, the place where the same had been stored, the said bale of cotton having heen placed and located near the press under said ginhouse.” There was also a count for receiving stolen goods, which, however, was stricken on demurrer. ■ There was ample evidence that the cotton had been taken from under the ginhouse of Johnson, though there was no proof that- it had been taken from near the press. Possession of the…
1Opinion of the CourtLamaR, J.
The intent of Penal Code, § 186, was to make the stealing of baled cotton a felony regardless of its value, or of whether it was taken from a house or from within the curtilage, or whether the elements of burglary were present or not. It made the place where the cotton was located or stored immaterial. Moseley v. State, 74 Ga. 404. Venue of the crime was the only locality that had to be alleged and proved. Therefore the allégation that the cotton was under the ginhouse of Johnson and near the press under the ginhouse was mere surplusage, and not descriptive of any material element of the…
2Cited by26 opinions
- Bell v. StateSupreme Court of Georgia · 1971
- State v. PirkeySouth Dakota Supreme Court · 1908
- Corson v. StateCourt of Appeals of Georgia · 1978
- Jordan v. StateSupreme Court of Georgia · 1956
- Flanders v. StateCourt of Appeals of Georgia · 1958
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