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Shaw v. State

133 S.E.2d 402, 108 Ga. App. 498, 1963 Ga. App. LEXIS 684
CourtCourt of Appeals of Georgia
DecidedOctober 16, 1963
Docket40398
StatusPublished

This text of 133 S.E.2d 402 (Shaw 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
Shaw v. State, 133 S.E.2d 402, 108 Ga. App. 498, 1963 Ga. App. LEXIS 684 (Ga. Ct. App. 1963).

Opinion

Nichols, Presiding Judge.

The defendant was indicted and convicted of larceny after trust for having converted money of the Bank of Millen to his own use after having been entrusted with such money to apply same to the benefit of the owner. Error is assigned on the judgment of the trial court overruling his motion for new trial.

[499]*499Decided October 16, 1963. Claud B. Caldwell, for plaintiff in error. Cohen Anderson, Solicitor General, contra.

The State’s witnesses testified that the money allegedly converted was entrusted to the defendant for the purpose of paying off a lien on property used to secure an indebtedness owed to the bank by the defendant, yet the documentary and other evidence shows that the fund delivered to the defendant was a loan secured by a note due and payable ninety days thereafter. Held:

“The offense of larceny after trust comprehends a relationship of trust, which must be proved as laid (Silvers v. State, 79 Ga. App. 223, 53 SE2d 388), and does not apply if the relationship between the prosecutor and the accused is merely that of debtor and creditor. Tant v. State, 81 Ga. App. 633 (59 SE2d 557); Huff v. State, 79 Ga. App. 717 (54 SE2d 446).” Gammage v. State, 92 Ga. App. 235 (1) (88 SE2d 174). The verdict was not 'authorized by the evidence and the trial court erred in overruling the defendant’s motion for new trial on the usual general grounds. The special grounds of the motion for new trial, each being incomplete, are not passed upon. See Burns v. McLucas, 106 Ga. App. 102 (1) (126 SE2d 309); American Iron &c. Co. v. National &c. Gas Co., 105 Ga. App. 458, 460 (125 SE2d 106).

Judgment reversed.

Frankum and Jordan, JJ., concur.

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Related

Tant v. State
59 S.E.2d 557 (Court of Appeals of Georgia, 1950)
American Iron & Metal Co. v. National Cylinder Gas Co.
125 S.E.2d 106 (Court of Appeals of Georgia, 1962)
Burns v. McLucas
126 S.E.2d 309 (Court of Appeals of Georgia, 1962)
Gammage v. State
88 S.E.2d 174 (Court of Appeals of Georgia, 1955)
Silvers v. State
53 S.E.2d 388 (Court of Appeals of Georgia, 1949)
Huff v. State
54 S.E.2d 446 (Court of Appeals of Georgia, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
133 S.E.2d 402, 108 Ga. App. 498, 1963 Ga. App. LEXIS 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-state-gactapp-1963.