Legal Opinion

McKuhen v. State

Court of Appeals of Georgia

Decided July 11, 1960No. 38353PublishedCited by 12 opinions

1Opinion of the Court

Gardner, Presiding Judge.

Special ground 1 assigns error because it is alleged that the court erred in failing to charge that intent to steal is an essential element of the crime of larceny from the house. In Sledge v. State, 99 Ga. 684 (2) (26 S. E. 756), this court said: “An intent to steal is a sub stantive element in the commission of the offense of robbery, and a failure of the trial judge to so instruct a jury trying such a case is cause for a new trial.” See also Glaze v. State, 2 Ga. App. 704, 708 (58 S. E. 1126). There are. many other cases to the same effect. See Shepard’s Georgia…

2Cases cited3 opinions

  1. McGruder v. StateSupreme Court of Georgia · 1957
  2. Sledge v. StateSupreme Court of Georgia · 1896
  3. Glaze v. StateCourt of Appeals of Georgia · 1907

3Cited by12 opinions

  1. People v. MorseCalifornia Supreme Court · 1964
  2. Cauley v. StateCourt of Appeals of Georgia · 1973
  3. Thomas v. StateMississippi Supreme Court · 1973
  4. State v. RemmersSupreme Court of Iowa · 1977
  5. David v. StateCourt of Appeals of Georgia · 1977

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