Sheppard v. State

162 S.E. 413, 44 Ga. App. 481, 1931 Ga. App. LEXIS 772
CourtCourt of Appeals of Georgia
DecidedDecember 15, 1931
Docket21818
StatusPublished
Cited by10 cases

This text of 162 S.E. 413 (Sheppard 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
Sheppard v. State, 162 S.E. 413, 44 Ga. App. 481, 1931 Ga. App. LEXIS 772 (Ga. Ct. App. 1931).

Opinion

Luke, J.

The indictment in this case charges that, on May 20, 1929, in Bibb county, Georgia, Bobert L. Wilson, alias Shorty Wilson, and Frank Sheppard did steal “one Buick touring-car automobile, of the value of one thousand dollars, and of the personal goods of J. P. Myddleton.” Sheppard was convicted, and he excepts to the judgment overruling his motion for a new trial.

Since the brief of evidence is so long, and the amendment to the motion for a new trial covers seventy-three pages and contains thirty-two grounds, we shall undertake to shorten this decision somewhat by stating enough of the evidence to indicate the nature of the case and shed some light upon the numerous special grounds, and by grouping some of the special assignments which involve the sapie principles of law.

J. P. Myddleton testified, in substance, that, on May 21, 1929, his “Buick touring-car automobile” was stolen and carried away from [483]*483a place where he had parked it on a certain street in Macon, Bibb county, Georgia; that about a week after his car was taken, he was apprised of the fact that the sheriff of Twiggs county had it; that there were a few scratches on the car when he got it back, and one tire had been exchanged; and that the automobile was worth about $600. S. G. Kitchens, sheriff of Twiggs county, testified, in substance, that, at about twelve o’clock on May 22, 1929, he saw the defendant with Shorty Wilson in a Ford automobile at Dry Branch, a point twelve miles from defendant’s home, going towards defendant’s home; that Wilson lived about fourteen miles from defendant’s residence; that witness had frequently seen Wilson and defendant together in the same Ford; that witness had seen the Buick automobile hidden in the bushes about three or four hundred yards from defendant’s house, and had instructed his deputies, John G. Slappy and a Mr. Barrentine to watch it; that witness “found the Ford roadster that evening at the defendant’s house;” that the defendant claimed to own the Ford roadster; that witness turned said roadster over to “Mr. J. D. Lewis, the husband of Mrs. Lewis;” that after defendant was in jail, witness heard him say, in reply to questions of the solicitor, that the radiator “was like it was when he first saw it, and he didn’t have anything to do with buying it,” but was present when Wilson did; that the “radiator shell was on the Ford when he first saw it,” that he had nothing to do with buying certain paint bought from T. C. Burke & Company, and that he had nothing to do with offering the Ford car for sale. The witness Kitchens further swore: “It was exactly ten days from the time I took charge of the Buick until Sheppard showed up, . . and during that time I had been looking for him and could not locate him. I . . asked him why he went off, and Mr. Griffin [his lawyer] said, in defendant’s presence, ‘He was scared.’”

Joe Daniel testified, in part, that he remembered the defendant’s coming to the place of business of the Daniel-Johnson Motor Company, at Macon, Ga., during the year 1929, “with a Ford roadster with a nickel-plated radiator shell,” and with the motor number “changed or rubbed off,” and that the defendant discussed trading the Ford car, but that they could not “get together,” and defendant said he might come back. This witness further swore that he was present in jail when the solicitor asked the defendant if he bought some paint from T, C. Burke Company, and heard the de[484]*484fendant say that he had not, but that Wilson had; and that witness also heard the defendant tell the solicitor that he had not bought a nickel radiator shell from Jones-Stewart Motor Company, and “did not know anything about it.” W. H. Williams testified, in part, that while he was working at T. C. Burke’s Incorporated on May 22, 1929, he sold the defendant “two quarts of enamel paint and two brushes,” and “one and a half pint of red enamel and one brush;” that “the enamel paint and two brushes were bought first;” that the defendant said “he was going to paint a Ford roadster,” and Witness told him that one qrtart would be enough, but that defendant said “he wanted some to go underneath — wanted a high gloss;” and that when witness saw the defendant in jail afterwards he denied buying the paint. Z. L. Darden testified, in substance, that when he was in the employ of Jones-Stewart Motor Company the defendant and a “little short fellow” came to the place of business of said company, and defendant bought a “nickel-plated radiartor shell” for $3.50.

Mrs. J. D. Lewis testified, that on aboxxt May 8, 1929, her dark green Ford roadster disappeared, and that when she recovered it about a month later it was changed in appearance — had “a crude black paint job on it,” and a new silver-looking radiator shell, and that “the lights had globes and shades over them, round looking things sticking over the lights.” C. A. Leard testified, that “in the summer of last year” the defendant came to the place of business of Adams-Buchanan Motor Company, and witness “tried out a Ford he brought there;” that the motor number of the car was so defaced that he could not tell what it was; that witness heard defendant state to the solicitor in jail that he did not buy any paint at T. C. Burke’s, and heard him deny any knowledge of “a nickel-plated radiator shell;” and that on the occasion when witness tried out the Ford, Shorty Wilson was with him, and said the car belonged to the defendant. O. L. Barr entine, a deputy sheriff of Twiggs county, testified, in substance, that on May 22, 1929, he was with deputy sheriff John G. Slappy when Shorty Wilson, carrying some paint and brushes, and the defendant, carrying a package the contents of which were unknown to witness, were seen approaching a “Buick touring automobile,” which was located a quarter of a mile from the public road and half a mile from defendant’s homo; that Wilson said the car was his, and the defendant said nothing; that [485]*485when Slappy asked Wilson what he had, he said “paint,” and that when Slappy further asked him what he was going to do with the paint, Wilson said “paint the ear;” and that Wilson was arrested and the paint taken from him, but that the defendant was not arrested at that time.

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Bluebook (online)
162 S.E. 413, 44 Ga. App. 481, 1931 Ga. App. LEXIS 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-state-gactapp-1931.