Legal Opinion

McNish v. State

Supreme Court of Georgia

Decided January 11, 1892PublishedCited by 12 opinions

Criminal law. Larceny after trust. Before Judge Falligant. Chatham superior court. December term, 1890. Reported in the decision.

1Opinion of the Court

Bleckley, Chief Justice.

By disposing of the general grounds in the motion for a new trial, all the special grounds, in so far as they are verified by the presiding judge, will be ruled incidentally. They will need no separate discussion.

*500The indictment being for larceny after a trust had been delegated, in order to convict the accused, it was necessary to prove the creation of the trust described in the indictment, and a fraudulent breach of it in the manner alleged. To chai’ge one trust and prove another would not suffice. Carter v. The State, 53 Ga. 326; McCrary v. The State, 81 Ga. 334. The…

2Cases cited2 opinions

  1. Carter v. StateSupreme Court of Georgia · 1874
  2. McCrary v. StateSupreme Court of Georgia · 1888

3Cited by12 opinions

  1. Hagood v. StateCourt of Appeals of Georgia · 1908
  2. Clack v. StateCourt of Appeals of Georgia · 1933
  3. Haupt v. StateSupreme Court of Georgia · 1899
  4. White v. StateCourt of Appeals of Georgia · 1917
  5. Davis v. StateCourt of Appeals of Georgia · 1970

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