Cunnegin v. State

Supreme Court of Georgia

Cunnegin v. State

44 S.E. 846, 118 Ga. 125, 1903 Ga. LEXIS 472

CourtSupreme Court of Georgia

DecidedJune 1, 1903

StatusPublished

Cited by3 cases

This text of 44 S.E. 846 (Cunnegin 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

Cunnegin v. State, 44 S.E. 846, 118 Ga. 125, 1903 Ga. LEXIS 472 (Ga. 1903).

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Opinion

Candler, J.

1. The legal question involved iu this case is settled by the decisions of this court in Finkelstein v. State, 105 Ga. 617, and Hecox v. State, 105 Ga. 625.

2. There was, in the present case, some evidence to support a finding that the accused fraudulently induced the prosecutor to deliver to him possession of the property stolen, with intent to steal it, and that the element of trust of the character which enters into all cases of larceny after trust was absent. That theory, as well as the contention that the accused was voluntarily entrusted with the possession of the goods, was fairly submitted to the jury under appropriate instructions from the trial judge. The conviction of simple larceny was fully warranted, and this court will not reverse the judgment of the superior court overruling the certiorari.

Judgment affirmed.

By Jive Justices•

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Candler, J.

1. The legal question involved iu this case is settled by the decisions of this court in Finkelstein v. State, 105 Ga. 617, and Hecox v. State, 105 Ga. 625.

2. There was, in the present case, some evidence to support a finding that the accused fraudulently induced the prosecutor to deliver to him possession of the property stolen, with intent to steal it, and that the element of trust of the character which enters into all cases of larceny after trust was absent. That theory, as well as the contention that the accused was voluntarily entrusted with the possession of the goods, was fairly submitted to the jury under appropriate instructions from the trial judge. The conviction of simple larceny was fully warranted, and this court will not reverse the judgment of the superior court overruling the certiorari.

Judgment affirmed.

By Jive Justices•

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Bluebook (online)

44 S.E. 846, 118 Ga. 125, 1903 Ga. LEXIS 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunnegin-v-state-ga-1903.

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