Ogletree v. State

Court of Appeals of Georgia

Ogletree v. State

67 S.E. 126, 7 Ga. App. 523, 1910 Ga. App. LEXIS 367

CourtCourt of Appeals of Georgia

DecidedFebruary 26, 1910

Docket2344

StatusPublished

This text of 67 S.E. 126 (Ogletree 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

Ogletree v. State, 67 S.E. 126, 7 Ga. App. 523, 1910 Ga. App. LEXIS 367 (Ga. Ct. App. 1910).

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Opinion

Russell, J.

1. The ownership of the property alleged to have been stolen is sufficiently proved. The brief of evidence prepared by counsel for the plaintiff.in error discloses that the name of the witness who testified that the stolen money was her property is the same as the name of the owner alleged in the indictment, and other circumstances in the case demonstrate beyond peradventure that there can not be even a question of a mistake as to the identity of the individual.

2. Where the evidence shows that husband and wife were living together, testimony on the part of the wife that the house alleged to have been burglarized was the home of the wife is sufficient to authorize an inference of ownership on the part of the husband.

3. The evidence, though weak, was sufficient to authorize the conviction of the defendant. Judgment affirmed.

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Russell, J.

1. The ownership of the property alleged to have been stolen is sufficiently proved. The brief of evidence prepared by counsel for the plaintiff.in error discloses that the name of the witness who testified that the stolen money was her property is the same as the name of the owner alleged in the indictment, and other circumstances in the case demonstrate beyond peradventure that there can not be even a question of a mistake as to the identity of the individual.

2. Where the evidence shows that husband and wife were living together, testimony on the part of the wife that the house alleged to have been burglarized was the home of the wife is sufficient to authorize an inference of ownership on the part of the husband.

3. The evidence, though weak, was sufficient to authorize the conviction of the defendant. Judgment affirmed.

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Bluebook (online)

67 S.E. 126, 7 Ga. App. 523, 1910 Ga. App. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogletree-v-state-gactapp-1910.