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Wright v. State

182 S.E. 862, 52 Ga. App. 202, 1935 Ga. App. LEXIS 102
CourtCourt of Appeals of Georgia
DecidedDecember 6, 1935
Docket24726
StatusPublished
Cited by19 cases

This text of 182 S.E. 862 (Wright 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
Wright v. State, 182 S.E. 862, 52 Ga. App. 202, 1935 Ga. App. LEXIS 102 (Ga. Ct. App. 1935).

Opinions

MacIntyre, J.

The indictment charged the defendant and another person with the larceny of “one certain automobile sedan, Plymouth make, 1934 model, motor No. P. E. 5369, gun-metal color, the . . property of Miss Johnnie Roberts.” The unequivocal and uncontradicted proof was that said automobile was a Plymouth sedan of gun-metal color, motor number P. G. 5369, and the property of Miss Johnnie Roberts. Held, that since the letters “P. E.” appear to be a necessary and essential part of the description of the motor, and the description of the motor appears especially intended to distinguish the automobile alleged to have been stolen from all other automobiles of like make, color, and design, proof that the motor number was “P. G. 5369” constitutes a fatal variance between the allegata and the probata. The court erred in overruling the general grounds of the motion for new trial. Fulford v. State, 50 Ga. 591, 593; Crenshaw v. State, 64 Ga. 449; Robertson v. State, 97 Ga. 206 (22 S. E. 974); McLendon v. State, 121 Ga. 158 (48 S. E. 902); Youngblood v. State, 40 Ga. App. 514 (150 S. E. 457); Martin v. State, 43 Ga. App. 288 (158 S. E. 635).

Judgment reversed.

Broyles, G. J., and Guerry, J., concur.

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Bluebook (online)
182 S.E. 862, 52 Ga. App. 202, 1935 Ga. App. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-state-gactapp-1935.