Davis v. State
Supreme Court of Georgia
Criminal Pleading. Larceny. Arrest of judgment. Before Judge Pore. Fulton Superior Court. September Special Term, 1869. The indictment against Henry Davis and Anna Davis for simple larceny, charged that in said county, on the 4th of May, 1868, they, “ with force and arms did wrongfully and fraudulently take and carry away a certain white hog, weighing one hundred pounds, one year and one month old, said white hog being an altered male hog, the personal goods of one William…
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Criminal Pleading. Larceny. Arrest of judgment. Before Judge Pore. Fulton Superior Court. September Special Term, 1869. The indictment against Henry Davis and Anna Davis for simple larceny, charged that in said county, on the 4th of May, 1868, they, “ with force and arms did wrongfully and fraudulently take and carry away a certain white hog, weighing one hundred pounds, one year and one month old, said white hog being an altered male hog, the personal goods of one William Graham, with intent then and there to steal the same, contrary to the laws, etc. The defendants pleaded not guilty, and…
1Opinion of the CourtWarner, J.
The defendants were indicted for the offense of simple larceny, and charged with having wrongfully and fraudulently taken and carried away a certain “ white hog,” without alleging the hog to have been of any value. After a verdict of guilty, a motion -was made to arrest the judgment on the ground that the hog was not alleged in the indictment to have been of any value, which motion was overruled. By the common law, at the time of our statute adopting it, the value of the property, in an indictment for simple larceny, was required to be alleged and proved on the trial. “Where personal'…
2Cited by11 opinions
- Burns v. StateSupreme Court of Georgia · 1940
- O'Brien v. StateSupreme Court of Georgia · 1900
- Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
- Gravitt v. StateSupreme Court of Georgia · 1928
- Kyler v. StateCourt of Appeals of Georgia · 1956
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