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James v. State

39 S.E. 946, 114 Ga. 96, 1901 Ga. LEXIS 585
CourtSupreme Court of Georgia
DecidedNovember 7, 1901
StatusPublished
Cited by4 cases

This text of 39 S.E. 946 (James v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. State, 39 S.E. 946, 114 Ga. 96, 1901 Ga. LEXIS 585 (Ga. 1901).

Opinion

Simmons, C. J.

An intention to steal is an essential element of the offense of larceny ; and therefore, in the trial of a person charged with this offense and whose defense was that he had taken the goods under a bona fide claim of right, it was error for the judge to refuse to submit to the jury the question of intention, and to charge that if the accused appropriated the goods he was. guilty regardless of his intention. Zee v. State, 102 Ga. 221, and cases cited.

Judgment reversed.

All the Justices concurring.

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Related

Fox v. State
105 S.E.2d 368 (Court of Appeals of Georgia, 1958)
Walker v. State
72 S.E.2d 774 (Court of Appeals of Georgia, 1952)
Moyers v. State
197 S.E. 846 (Supreme Court of Georgia, 1938)
Musgrove v. State
63 S.E. 538 (Court of Appeals of Georgia, 1909)

Cite This Page — Counsel Stack

Bluebook (online)
39 S.E. 946, 114 Ga. 96, 1901 Ga. LEXIS 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-state-ga-1901.