Bradley v. State

58 S.E. 1064, 2 Ga. App. 622, 1907 Ga. App. LEXIS 460
CourtCourt of Appeals of Georgia
DecidedOctober 14, 1907
Docket646
StatusPublished
Cited by15 cases

This text of 58 S.E. 1064 (Bradley v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. State, 58 S.E. 1064, 2 Ga. App. 622, 1907 Ga. App. LEXIS 460 (Ga. Ct. App. 1907).

Opinion

Powell, J.

1. The defendant was convicted of burglary. The witnesses upon whose testimony the conviction rested were his accomplice, House, and the latter’s wife. Certain assignments of error raise the question as to whether Mrs. House was not also an accomplice. She heard the defendant and her husband planning the burglary and advised them against it; but after the crime had been committed and a portion of the stolen money had been left in her house, she attempted to secrete it from the officers who were searching for it. She was not a principal, for she did not directly or indirectly participate in the crime. She was not an accessory before the fact, because she did not procure, counsel, or command it to be done. She may have become an accessory after the fact, or may have been guilty of the independent offense of receiving stolen goods; but neither of these relations to the case makes her an accomplice. Lowery v. State, 72 Ga. 649; Allen v. State, 74 Ga. 772; Springer v. State, 102 Ga. 447 (30 S. E. 971).

2. The indictment alleged the ownership of the property to be in one Berry. The proof showed that the money actually belonged to a Tennessee corporation by which Berry was employed, but that it had been entrusted to Berry for the purpose of paying off hands, [623]*623and that it was stolen from Berry’s trunk, where he had placed it dor safe keeping. This is sufficient.

3. There are other assignments of error in the case, but we find none of them meritorious. The testimony against the defendant did not come from a very satisfactory source, and he may not be guilty; but he has had a fair trial, and we have no power or inclination to interfere in such cases. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Selvidge v. State
313 S.E.2d 84 (Supreme Court of Georgia, 1984)
Hall v. State
208 S.E.2d 621 (Court of Appeals of Georgia, 1974)
Evans v. State
4 S.E.2d 502 (Court of Appeals of Georgia, 1939)
Henley v. State
2 S.E.2d 139 (Court of Appeals of Georgia, 1939)
Gladden v. State
158 S.E. 338 (Court of Appeals of Georgia, 1931)
Chambers v. State
150 S.E. 864 (Court of Appeals of Georgia, 1929)
Goodbread v. State
115 S.E. 44 (Court of Appeals of Georgia, 1922)
Vann v. State
1922 OK CR 102 (Court of Criminal Appeals of Oklahoma, 1922)
Bennett v. State
110 S.E. 756 (Court of Appeals of Georgia, 1922)
Thomas v. State
107 S.E. 418 (Court of Appeals of Georgia, 1921)
Horton v. State
93 S.E. 1012 (Court of Appeals of Georgia, 1917)
Randolph v. State
85 S.E. 258 (Court of Appeals of Georgia, 1915)
Jackson v. State
82 S.E. 771 (Court of Appeals of Georgia, 1914)
State v. Dalton
118 P. 829 (Washington Supreme Court, 1911)

Cite This Page — Counsel Stack

Bluebook (online)
58 S.E. 1064, 2 Ga. App. 622, 1907 Ga. App. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-state-gactapp-1907.