Buffington v. State

Supreme Court of Georgia

Buffington v. State

52 S.E. 19, 124 Ga. 24, 1905 Ga. LEXIS 635

CourtSupreme Court of Georgia

DecidedNovember 8, 1905

StatusPublished

Cited by8 cases

This text of 52 S.E. 19 (Buffington v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buffington v. State, 52 S.E. 19, 124 Ga. 24, 1905 Ga. LEXIS 635 (Ga. 1905).

Pincite

Opinion

Fish, C. J.

1. It is essential to the validity of an indictment for larceny that the ownership of the property, if known, be laid in some person or persons.

2. If the indictment lays the ownership of the goods alleged to have been stolen in a partnership, without alleging the names of the partners composing the firm, it is fatally defective. . 12 Enc. PL & Pr. 967; Clark’s Crim. Proc. 228; People v. Bogart, 36 Cal. 245. See Mattox v. State, 115 Ga. 219.

3. The name “Stewart & Reece” imports a partnership; and therefore an indictment for larceny wherein the ownership of the goods alleged to have been stolen was laid in “one Stewart & Reece,” without more, should have been held bad, on special demurrer directed to this defect therein.

Judgment reversed.

All the Justices concur.

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