Holder v. State

Court of Appeals of Georgia

Holder v. State

162 S.E.2d 792, 118 Ga. App. 176, 1968 Ga. App. LEXIS 925

CourtCourt of Appeals of Georgia

DecidedJune 26, 1968

Docket43684

StatusPublished

Cited by1 cases

This text of 162 S.E.2d 792 (Holder 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.

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Holder v. State, 162 S.E.2d 792, 118 Ga. App. 176, 1968 Ga. App. LEXIS 925 (Ga. Ct. App. 1968).

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Opinion

Quillian, Judge.

The appellant was tried and convicted of larceny of an automobile. He contends that there was a material variance between the allegata and probata in that the indictment alleged that the automobile was the property of Lee McKenzie whereas the evidence disclosed that legal title to the vehicle was held by another person. While it is true that the record shows that Lee McKenzie was not the holder of the legal title to the automobile, there was evidence that he was in lawful possession of the vehicle at the time it was stolen. Proof that certain property alleged to have been stolen was taken from the lawful possession of the person named in the indictment as the owner is sufficient proof of ownership although the legal title to the property be in another. Thomas v. State, 27 Ga. App. 38 (2) (107 SE 418).

The appellant’s contention is without merit.

Judgment affirmed.

Bell, P. J., and Hall, J., concur. Russo & Russo, Lucio L. Russo, for appellant. Lewis R. Slaton, Solicitor General, J. Walter LeCraw, for appellee.

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Quillian, Judge.

The appellant was tried and convicted of larceny of an automobile. He contends that there was a material variance between the allegata and probata in that the indictment alleged that the automobile was the property of Lee McKenzie whereas the evidence disclosed that legal title to the vehicle was held by another person. While it is true that the record shows that Lee McKenzie was not the holder of the legal title to the automobile, there was evidence that he was in lawful possession of the vehicle at the time it was stolen. Proof that certain property alleged to have been stolen was taken from the lawful possession of the person named in the indictment as the owner is sufficient proof of ownership although the legal title to the property be in another. Thomas v. State, 27 Ga. App. 38 (2) (107 SE 418).

The appellant’s contention is without merit.

Judgment affirmed.

Bell, P. J., and Hall, J., concur. Russo & Russo, Lucio L. Russo, for appellant. Lewis R. Slaton, Solicitor General, J. Walter LeCraw, for appellee.

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162 S.E.2d 792, 118 Ga. App. 176, 1968 Ga. App. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holder-v-state-gactapp-1968.

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