Byrd v. State

Court of Appeals of Georgia

Byrd v. State

73 S.E. 34, 10 Ga. App. 214, 1911 Ga. App. LEXIS 722

CourtCourt of Appeals of Georgia

DecidedDecember 19, 1911

Docket3786

StatusPublished

Cited by1 cases

This text of 73 S.E. 34 (Byrd 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

Byrd v. State, 73 S.E. 34, 10 Ga. App. 214, 1911 Ga. App. LEXIS 722 (Ga. Ct. App. 1911).

Pincite

Opinion

Rowell, J.

1. Under all the circumstances, the court did not err in overruling the motion for a continuance.

2. Where the defendant, though under illegal arrest at the time, consents to be searched, and the search discloses that he has hidden upon his person stolen property, evidence of the discovery of the property in this manner is admissible against him in a prosecution for the larceny. Williams v. State, 100 Ga. 511 (28 S. E. 624, 39 L. R. A. 269).

3. Under the evidence, the court properly confined the issue to the count in the indictment which charged larceny from the house.

4. The evidence fully authorized the conviction; and no material error appears. Judgment affirmed.

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