Bone v. State
| Decision Date | 10 August 1904 |
| Citation | 48 S.E. 356,120 Ga. 866 |
| Parties | BONE v. STATE. BREWER v. SAME. |
| Court | Georgia Supreme Court |
LARCENY—DESCRIPTION OF PROPERTY—INDICTMENT—VALUE.
1. Brown v. State, 44 Ga. 301.
2. The indictment charged but one offense, and the description of the articles alleged to have been stolen, taken all together, was sufficiently definite to identify the transaction under investigation, was full enough to put the accused persons on notice of what they were charged with having stolen, and gave them all the information to which they were entitled to enable them to prepare for trial.
3. When the larceny of several articles is charged in one bill of indictment, it is the better practice to set out the value of each article, but it is not indispensable to the validity of the indictment that this should be done. The indictment is good if it alleges merely the aggregate value of the articles charged to have been stolen. 2 Bish. New Cr. Proc. § 714; State v. Brew, 29 Pac. 762, 4 Wash. 95. 31 Am. St Rep. 904; State v. Beatty, 2 S. W. 215, 90 Mo. 143: State v. Hart. 29 Iowa, 268; State v. Buck, 46 Me. 531; State v. Hood, 51 Me. 363; Meyer v. State, 4 Tex. App. 121.
¶ 3. See Larceny, vol. 32, Cent Dig. § 78.
(Syllabus by the Court.)
Error from Superior Court, Pulton County; L. S. Roan, Judge.
Julius Bone and Cliff Brewer were convicted of larceny, and bring error. Affirmed.
T. W. Rucker and Bishop & Ripley, for plaintiffs in error.
C. D. Hill, Sol. Gen., for the State.
CANDLER, J. Judgment affirmed. All the Justices concur.
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...to meet the charge." 2 Bishop, Orim. Proc. § 699, cited in Walthour v. State, 114 Ga. 76, 39 S. E. 872. See, also, Bone v. State, 120 Ga. 866, 48 S. E. 356; Sanders v. State, 86 Ga. 717, 12 S. E. 1058; Powell v. State, 88 Ga. 32, 13 S. E. 829. The general description aided by the more defin......
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Ayers v. State
... ... the defendant to be guilty, will reasonably inform him of the ... instance meant, and put him in a position to make the needful ... preparations to meet the charge." 2 Bishop, Crim. Proc ... § 699, cited in Walthour v. State, 114 Ga. 76, 39 ... S.E. 872. See, also, Bone v. State, 120 Ga. 866, 48 ... S.E. 356; Sanders v. State, 86 Ga. 717, 12 S.E ... 1058; Powell v. State, 88 Ga. 32, 13 S.E. 829. The ... general description aided by the more definite allegation ... that it was the property seized under a certain levy ... sufficiently individualized the ... ...
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...Case, supra, both of which have already been differentiated. The cases of Patterson v. State, 122 Ga. 587, 50 S. E. 489, and Bone v. State, 120 Ga. 866, 48 S. E. 356, involve indictments charging larceny from the house. The case of Powell v. State, 88 Ga. 32, 13 S. E. 829, is a case of larc......
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