Maxwell v. State

Court of Appeals of Georgia

Maxwell v. State

72 S.E. 445, 9 Ga. App. 875, 1911 Ga. App. LEXIS 393

CourtCourt of Appeals of Georgia

DecidedOctober 23, 1911

Docket3662

StatusPublished

Cited by4 cases

This text of 72 S.E. 445 (Maxwell 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

Maxwell v. State, 72 S.E. 445, 9 Ga. App. 875, 1911 Ga. App. LEXIS 393 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

An indictment 'for robbery (omitting formal parts) charged that the accused “did unlawfully, fraudulently, aiid violently take from the person of W. Archer fifty dollars in money, of the value of fifty dollars, the personal property of him, the said W. Archer, by force.” Held, that the description of the property alleged to have been forcibly taken was sufficient, and the court properly overruled a special demurrer to the indictment, on the ground that it was not alleged whether the $50 in money was in gold, silver, or paper money, and the denominations thereof were not given. Berry v. State, 10 Ga. 518; Watson v. State, 64 Ga. 61.

It was also sufficient on the question of value, to allege that the “fifty dollars in money” was “of the value of fifty dollars,” as the courts will judicially recognize that the word “dollar” is the money unit of the United States, and is of the value of 100 cents. McDonald v. State, 2 Ga. App. 633 (58 S. E. 1067). Judgment affirmed,

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

Hill, C. J.

An indictment 'for robbery (omitting formal parts) charged that the accused “did unlawfully, fraudulently, aiid violently take from the person of W. Archer fifty dollars in money, of the value of fifty dollars, the personal property of him, the said W. Archer, by force.” Held, that the description of the property alleged to have been forcibly taken was sufficient, and the court properly overruled a special demurrer to the indictment, on the ground that it was not alleged whether the $50 in money was in gold, silver, or paper money, and the denominations thereof were not given. Berry v. State, 10 Ga. 518; Watson v. State, 64 Ga. 61.

It was also sufficient on the question of value, to allege that the “fifty dollars in money” was “of the value of fifty dollars,” as the courts will judicially recognize that the word “dollar” is the money unit of the United States, and is of the value of 100 cents. McDonald v. State, 2 Ga. App. 633 (58 S. E. 1067). Judgment affirmed,

Cite This Page — Counsel Stack

Bluebook (online)

72 S.E. 445, 9 Ga. App. 875, 1911 Ga. App. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-state-gactapp-1911.

Opinion

Related

Cite This Page — Counsel Stack