Davis v. State

Court of Appeals of Georgia

Davis v. State

143 S.E. 435, 38 Ga. App. 206, 1928 Ga. App. LEXIS 136

CourtCourt of Appeals of Georgia

DecidedMay 15, 1928

Docket18847

StatusPublished

Cited by3 cases

This text of 143 S.E. 435 (Davis 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

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

Pincite

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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