Thomas v. State

Court of Appeals of Georgia

Thomas v. State

66 S.E. 964, 7 Ga. App. 337, 1910 Ga. App. LEXIS 285

CourtCourt of Appeals of Georgia

DecidedJanuary 21, 1910

Docket2346

StatusPublished

Cited by2 cases

This text of 66 S.E. 964 (Thomas 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

Thomas v. State, 66 S.E. 964, 7 Ga. App. 337, 1910 Ga. App. LEXIS 285 (Ga. Ct. App. 1910).

Pincite

Opinion

Hill, C. J.

1. The grounds in the amendment to the motion for a new trial are not approved by the court, and therefore, are not considered.

2. The evidence tending to show that the defendant took the prosecutor’s property animo furandi is very weak, but the jury chose to believe it rather than his statement that he took the property under a bona fide claim of right. The jury had the right to believe the evidence for the prosecution, however weak, and to reject the statement of the defendant, however probable and reasonable.

3. The court fairly and correctly submitted the law applicable to the issue made by the evidence and the statement; and, no error of law appearing, this court must affirm the verdict approved by the trial judge.

Judgment affirmed.

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