Rewis v. Sweat

Supreme Court of Georgia

Rewis v. Sweat

10 S.E.2d 754, 190 Ga. 764, 1940 Ga. LEXIS 565

CourtSupreme Court of Georgia

DecidedSeptember 24, 1940

Docket13432.

StatusPublished

This text of 10 S.E.2d 754 (Rewis v. Sweat) 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

Rewis v. Sweat, 10 S.E.2d 754, 190 Ga. 764, 1940 Ga. LEXIS 565 (Ga. 1940).

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Opinion

Jenkins, Justice.

While it has been held that where a defendant was indicted on two counts, one for simple larceny and the other for receiving stolen goods knowing that they had been stolen, a special- verdict merely finding the defendant “guilty of receiving stolen goods,” without more, is bad, with the result that the judgment will be arrested, this principle can not be given application to a ease such as this, where the defendant was'indicted on two counts, one for burglary and the other for receiving stolen goods knowing that they had been stolen, and where the verdict found the defendant “guilty on the second count.” Such a verdict had the effect of finding the defendant guilty, not only of receiving the stolen goods, but of receiving them with knowledge of the fact that they had been stolen.

Judgment affirmed.

All the Justices concur.

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Jenkins, Justice.

While it has been held that where a defendant was indicted on two counts, one for simple larceny and the other for receiving stolen goods knowing that they had been stolen, a special- verdict merely finding the defendant “guilty of receiving stolen goods,” without more, is bad, with the result that the judgment will be arrested, this principle can not be given application to a ease such as this, where the defendant was'indicted on two counts, one for burglary and the other for receiving stolen goods knowing that they had been stolen, and where the verdict found the defendant “guilty on the second count.” Such a verdict had the effect of finding the defendant guilty, not only of receiving the stolen goods, but of receiving them with knowledge of the fact that they had been stolen.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

10 S.E.2d 754, 190 Ga. 764, 1940 Ga. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rewis-v-sweat-ga-1940.