Nelson v. State
Supreme Court of Georgia
Indictment for simple larceny. Before Judge Seabrook. Effing-ham superior court. June 17, 1905. Nelson was tried upon an indictment charging him with the offense of hog-stealing. He was convicted, and to a judgment overruling his motion for a new trial he excepts.
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Indictment for simple larceny. Before Judge Seabrook. Effing-ham superior court. June 17, 1905. Nelson was tried upon an indictment charging him with the offense of hog-stealing. He was convicted, and to a judgment overruling his motion for a new trial he excepts. Error is assigned, in the motion, upon the following charge:. “Now the State contends, gentlemen of the jury, that upon the date named in the indictment, and in the manner and form therein set forth, that this defendant took and carried away, with intent to steal, one certain described hog, being the property of the prosecutor, Mr.…
1Opinion of the CourtCobb, P. J.
“The office of a charge by the court is to give to the jury such instruction touching the rules of law pertinent to the issues involved in the pending trial, as will enable them intelligently to apply thereto the evidence submitted, and from the two constituents law and fact make a verdict. In delivering his charge the trial judge should carefully avoid an invasion of the province of the jury. He should refer to the evidence only so far as is necessary to present the leading issues of the cause, leaving the minor contentions of opposing counsel to the consideration of the jury under…
2Cases cited4 opinions
- Suddeth v. StateSupreme Court of Georgia · 1900
- Thomas v. StateSupreme Court of Georgia · 1895
- McVicker v. ConkleSupreme Court of Georgia · 1895
- Smith v. HazlehurstSupreme Court of Georgia · 1905
3Cited by10 opinions
- Peebles v. StateSupreme Court of Georgia · 1990
- Brown v. StateCourt of Appeals of Georgia · 1909
- Mika v. StateSupreme Court of Georgia · 1943
- Griffin v. StateCourt of Appeals of Georgia · 1925
- Department of Transportation v. SharpeCourt of Appeals of Georgia · 1997
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