Herndon v. State

Court of Appeals of Georgia

Herndon v. State

99 S.E. 11, 23 Ga. App. 538, 1919 Ga. App. LEXIS 191

CourtCourt of Appeals of Georgia

DecidedApril 12, 1919

Docket10221

StatusPublished

This text of 99 S.E. 11 (Herndon 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

Herndon v. State, 99 S.E. 11, 23 Ga. App. 538, 1919 Ga. App. LEXIS 191 (Ga. Ct. App. 1919).

Pincite

Opinion

Stepiiens, J.

Where a statute provides that it is a misdemeanor for one to “wilfully” ride or drive a horse or mule belonging to another without the owner’s consent, an. accusation charging one with “unlawfully” driving a mule of another without the owner’s consent, and failing to charge that the same was “wilfully” done, sets out no violation of the statute; nor does it charge the commission of any offense whatsoever. The trial judge therefore erred in overruling the motion in arrest of judgment.

Judgment reversed.

Broyles, P. J., and Bloodmorth, J., concur.

Accusation of misdemeanor; from city court of Jesup—Judge Clark. November 4, 1918. - '

W. -W. Bennett, for plaintiff in error, cited:

Penal Code (1910), § 333; Mathews v. State, 16 Ga. 31-3; Herring v. State, 114 Ga. 96-99.

W. B. Gibbs, solicitor, J. R. Thomas, contra, cited:

Badger v. State, 5 Ga. App. 477; Black v. State, 3 Ga. App. 397, and citations.

Free access — add to your briefcase to read the full text and ask questions with AI