Mathis v. State

107 S.E. 629, 27 Ga. App. 229, 1921 Ga. App. LEXIS 790
Court of Appeals of Georgia·Decided June 17, 1921·No. 12387·Published·Cited by 6 cases

Opinion

Luke. J.

An accusation which charges the larceny of “two and one-half gallons of syrup of the value of $2.00, and of the property of J. M. Yarner, Charlie Bowman, and Pete Werthington,” is not sufficient to withstand a special demurrer which attacks it for the insufficiency of the description of the thing alleged to have been stolen. The defendant, if he desired, was entitled to know what kind of syrup he was charged with stealing. The court having erred in overruling the special demurrer, everything occurring thereafter was nugatory.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

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

Mathis v. State, 107 S.E. 629, 27 Ga. App. 229, 1921 Ga. App. LEXIS 790 (Ga. Ct. App. 1921).

107 S.E. 629 (Mathis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Tommy Lamar Thomas v. State
Court of Appeals of Georgia, 2023
Tucker v. State
145 S.E.2d 751 (Court of Appeals of Georgia, 1965)
Simpson v. State
112 S.E.2d 314 (Court of Appeals of Georgia, 1959)
Smith v. State
22 S.E.2d 120 (Court of Appeals of Georgia, 1942)
Ellis v. State
21 S.E.2d 316 (Court of Appeals of Georgia, 1942)