Johnson v. State
Court of Appeals of Georgia
Accusation of larceny from house; from city court- of Lexington —Judge Cloud. February 2, 1910. Anthony Johnson was tried upon an accusation charging larceny from the house, and was convicted of simple larceny. His motion for a new trial being overruled, he excepted. Besides the general grounds, the motion for a new trial contains several special assignments of error.
Read the full summary
Accusation of larceny from house; from city court- of Lexington —Judge Cloud. February 2, 1910. Anthony Johnson was tried upon an accusation charging larceny from the house, and was convicted of simple larceny. His motion for a new trial being overruled, he excepted. Besides the general grounds, the motion for a new trial contains several special assignments of error. It is contended that the conviction of the offense of simple larceny was not authorized by the evidence; the facts showing that, if the accused was guilty of any offense, it was larceny from the house. It is further contended…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. Hnder an accusation which charges in the terms of the statute larceny from the house, a conviction may be had for simple larceny; the latter offense being included in the former. Brown v. State, 90 Ga. 454 (16 S. E. 204).
2. To complete the offense of larceny there must be a taking and carrying away, with intent to steal, the personal property described in the indictment: but the slightest change of location, whereby *412complete dominion of the article or property is transferred from the owner to the trespasser, is sufficient evidence of the asportation.…
2Cases cited2 opinions
- Lundy v. StateSupreme Court of Georgia · 1878
- Brown v. StateSupreme Court of Georgia · 1892
3Cited by22 opinions
- Rivers v. StateCourt of Appeals of Georgia · 1933
- Williamson v. StateCourt of Appeals of Georgia · 1975
- Emmett v. StateCourt of Appeals of Georgia · 1991
- James v. StateSupreme Court of Georgia · 1974
- Igle v. StateCourt of Appeals of Georgia · 1996
17 more not listed; retrieve them via the Exa API.