Davis v. State

143 S.E. 435, 38 Ga. App. 206, 1928 Ga. App. LEXIS 136
Court of Appeals of Georgia·Decided May 15, 1928·No. 18847·Published·Cited by 3 cases

Opinion

Broyles, C. J.

A mere temporary loan of property, without hire or other benefit to the person lending, is not such a fiduciary bailment as would make the stealing or conversion of the property larceny after trust. Barksdale v. Slate, 28 Ga. App. 535 (112 S. E. 165).

Under the above-stated ruling and the facts of the instant case, the defendant’s conviction of larceny after trust was unauthorized, and the refusal to grant him a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Davis v. State, 143 S.E. 435, 38 Ga. App. 206, 1928 Ga. App. LEXIS 136 (Ga. Ct. App. 1928).

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88 S.E.2d 174 (Court of Appeals of Georgia, 1955)
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79 Ga. App. 223 (Court of Appeals of Georgia, 1949)