Lowe v. State

57 Ga. 171
CourtSupreme Court of Georgia
DecidedJuly 15, 1876
StatusPublished
Cited by9 cases

This text of 57 Ga. 171 (Lowe 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
Lowe v. State, 57 Ga. 171 (Ga. 1876).

Opinion

Jackson, Judge.

The indictment alleged that the defendant stole two hogs belonging to different owners on the same day, and in the same county. He was found guilty and moved to arrest the judgment on the ground that two offenses were charged.

1. We think the indictment covers one transaction and charges but one offense, and is good — certainly good as against a motion to arrest the judgment after verdict.

2. The proof only justified the conviction for stealing one of the hogs. The penalty or punishment prescribed by the law, and inflicted by the judge, being the same whether one or both were stolen, the verdict is sustained by the evidence, and the motion for a new trial on this ground was properly overruled.

Judgment affirmed.

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Related

Johnson v. State
868 S.E.2d 226 (Supreme Court of Georgia, 2022)
Corson v. State
241 S.E.2d 454 (Court of Appeals of Georgia, 1978)
Robinson v. State
237 S.E.2d 436 (Court of Appeals of Georgia, 1977)
Breland v. State
218 S.E.2d 153 (Court of Appeals of Georgia, 1975)
Howard v. State
198 S.E.2d 334 (Court of Appeals of Georgia, 1973)
Perdue v. State
171 S.E.2d 563 (Supreme Court of Georgia, 1969)
Webb v. State
23 S.E.2d 578 (Court of Appeals of Georgia, 1942)
State v. Mjelde
75 P. 87 (Montana Supreme Court, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
57 Ga. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-state-ga-1876.