Thomas v. State

The defendant was indicted for larceny from the person. The privacy of the taking is an essential element in this offense. The State failed to show this element, and a verdict of not guilty was returned, under the direction of the court. The State’s counsel thereupon prepared another accusation against the defendant, charging the same transaction as a simple larceny. The defendant pleaded in bar the former jeopardy. The court sustained a general demurrer to the plea.

It was held in Lavender v. State, 107 Ga. 707 (33 S. E. 420), that a defendant might be convicted of simple larceny under an…