Carter v. State

Court of Appeals of Georgia

Carter v. State

143 S.E. 441, 38 Ga. App. 182, 1928 Ga. App. LEXIS 120

CourtCourt of Appeals of Georgia

DecidedMay 15, 1928

Docket18801

StatusPublished

This text of 143 S.E. 441 (Carter 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

Carter v. State, 143 S.E. 441, 38 Ga. App. 182, 1928 Ga. App. LEXIS 120 (Ga. Ct. App. 1928).

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Opinion

Luke, J.

Carter was convicted of violating that portion of the motor-vehicle law which provides that “no person shall take, use or operate any motor-vehicle or motorcycle upon the public streets and highways, without the permission of the owner.” Ga. L. 1921, p. [183]*183255, sec. 6 (8 Park’s Code Supp. 1922, § 828 (uu-1); Michie’s Code (1926), § 1770(56)). It appears from the record in the case that the jury had the right to believe that, on a certain Saturday afternoon, the defendant rented an automobile from one Banks for $2, under a distinct agreement to return the automobile within two hours; and that he drove the automobile into an adjoining county, and kept it Saturday night and all day Sunday, and that sometime Sunday night he left it in front of Smith Motor Company’s place of business, where the owner found it on the following Monday morning with two tires damaged.

The evidence sustains the conviction, and the court did not err in overruling the motion for a new trial, based solely upon the usual general grounds.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

Carter was convicted of violating that portion of the motor-vehicle law which provides that “no person shall take, use or operate any motor-vehicle or motorcycle upon the public streets and highways, without the permission of the owner.” Ga. L. 1921, p. [183]*183255, sec. 6 (8 Park’s Code Supp. 1922, § 828 (uu-1); Michie’s Code (1926), § 1770(56)). It appears from the record in the case that the jury had the right to believe that, on a certain Saturday afternoon, the defendant rented an automobile from one Banks for $2, under a distinct agreement to return the automobile within two hours; and that he drove the automobile into an adjoining county, and kept it Saturday night and all day Sunday, and that sometime Sunday night he left it in front of Smith Motor Company’s place of business, where the owner found it on the following Monday morning with two tires damaged.

The evidence sustains the conviction, and the court did not err in overruling the motion for a new trial, based solely upon the usual general grounds.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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143 S.E. 441, 38 Ga. App. 182, 1928 Ga. App. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-gactapp-1928.