Scott v. State

Court of Appeals of Georgia

Scott v. State

103 S.E. 732, 25 Ga. App. 553, 1920 Ga. App. LEXIS 76

CourtCourt of Appeals of Georgia

DecidedJuly 28, 1920

Docket11646

StatusPublished

This text of 103 S.E. 732 (Scott 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

Scott v. State, 103 S.E. 732, 25 Ga. App. 553, 1920 Ga. App. LEXIS 76 (Ga. Ct. App. 1920).

Pincite

Opinion

Broyles, C. J.

The indictment in this case, which charged the offense of robbery, failing to allege that the fraudulent, wrongful, and violent taking of the property was without the consent of the owner, but, on the contrary, alleging that the taking was xoith his consent, set forth no crime under the laws of this State; and the verdict of “ guilty of robbery by force and violence, ” and the judgment based thereon, were void, and the court erred in overruling the defendant’s motion to arrest the judgment. Penal Code (1910), § 148; Long v. State, 12 Ga. 294 (11), 321 (11).

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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

Broyles, C. J.

The indictment in this case, which charged the offense of robbery, failing to allege that the fraudulent, wrongful, and violent taking of the property was without the consent of the owner, but, on the contrary, alleging that the taking was xoith his consent, set forth no crime under the laws of this State; and the verdict of “ guilty of robbery by force and violence, ” and the judgment based thereon, were void, and the court erred in overruling the defendant’s motion to arrest the judgment. Penal Code (1910), § 148; Long v. State, 12 Ga. 294 (11), 321 (11).

Judgment reversed.

Luke and Bloodworth, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

103 S.E. 732, 25 Ga. App. 553, 1920 Ga. App. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-gactapp-1920.