Hunter v. State

Court of Appeals of Georgia

Hunter v. State

79 S.E. 752, 13 Ga. App. 651, 1913 Ga. App. LEXIS 292

CourtCourt of Appeals of Georgia

DecidedOctober 28, 1913

Docket5085

StatusPublished

Cited by1 cases

This text of 79 S.E. 752 (Hunter 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

Hunter v. State, 79 S.E. 752, 13 Ga. App. 651, 1913 Ga. App. LEXIS 292 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

This case is controlled by the rulings of this court in Paulk v. State, 5 Ga. App. 572 (63 S. E. 659), Moses v. State, 8 Ga. App. 446 (69 S. E. 575), and Smith v. State, 11 Ga. App. 385 (75 S. E. 447). From the state of the evidence in the record, it was the duty of the court (without a request) to instruct the jury that if the intention to steal was not formed until after the killing of the cow, the defendants would not be guilty of the offense of cattle-stealing, and could not be convicted under the indictment. It was error to charge the jury, in effect, that although the killing was accidental, if the defendants thereafter formed the intention of converting the carcass to their own use they would be guilty. Judgment reversed.

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Russell, J.

This case is controlled by the rulings of this court in Paulk v. State, 5 Ga. App. 572 (63 S. E. 659), Moses v. State, 8 Ga. App. 446 (69 S. E. 575), and Smith v. State, 11 Ga. App. 385 (75 S. E. 447). From the state of the evidence in the record, it was the duty of the court (without a request) to instruct the jury that if the intention to steal was not formed until after the killing of the cow, the defendants would not be guilty of the offense of cattle-stealing, and could not be convicted under the indictment. It was error to charge the jury, in effect, that although the killing was accidental, if the defendants thereafter formed the intention of converting the carcass to their own use they would be guilty. Judgment reversed.

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Bluebook (online)

79 S.E. 752, 13 Ga. App. 651, 1913 Ga. App. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-state-gactapp-1913.

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