Staples v. State

Supreme Court of Georgia

Staples v. State

40 S.E. 264, 114 Ga. 256, 1901 Ga. LEXIS 646

CourtSupreme Court of Georgia

DecidedDecember 10, 1901

StatusPublished

Cited by3 cases

This text of 40 S.E. 264 (Staples v. State) 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

Staples v. State, 40 S.E. 264, 114 Ga. 256, 1901 Ga. LEXIS 646 (Ga. 1901).

Pincite

Opinion

Fish, J.

1. Though an indictment for robbery need not charge that the property alleged to have been forcibly taken from the person of the victim, in fact, belonged to a third person, if it does so charge, it is essential that the State prove the case as laid.

2. Irrespective of other questions presented, a new trial should have been granted because of a fatal variance between the allegata and the probata.

Judgment reversed.

All the Justices concurring.

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