Adkins v. State

• Decision Date: 08 June 1902
• Citation: 115 Ga. 582,41 S.E. 987
• Parties: ADKINS v. STATE.
• Court: Georgia Supreme Court

41 S.E. 987

115 Ga. 582

ADKINS

v.STATE.

Supreme Court of Georgia.

June 8, 1902.

BREAKING AND ENTERING RAILROAD CAREVIDENCE.

1. On the trial of a person charged with breaking and entering a railroad car and steal ing therefrom, which car, it was alleged in the bill of indictment, was owned by the Central of Georgia Railway Company, an instruction to the jury, that if the car which was broken, and from which the goods were stolen, was in the possession of the Central of Georgia Railway Company, and shown to have been on its track at the time of the alleged larceny, this was sufficient proof of ownership to support the allegation of ownership in the indictment, was not error.

2. The evidence warranted the verdict, and the court did not err in overruling the motion for a new trial.

(Syllabus by the Court.)

Error from superior court, Washington county; B. D. Evans, Judge.

Robert Adkins was convicted of breaking and entering a railroad car, and brings error. Affirmed.

J. A. Robson, for plaintiff in error.

B. T. Rawlings, Sol. Gen., for the State.

PER CURIAM. Judgment affirmed.

LEWIS, J., absent on account of sickness.