Bradley v. State
| Decision Date | 14 October 1907 |
| Docket Number | (No. 646.) |
| Citation | 58 S.E. 1064,2 Ga. App. 622 |
| Parties | BRADLEY v. STATE. |
| Court | Georgia Court of Appeals |
Although a person may have had information of the defendant's intention to commit the crime under investigation prior to the time of its commission, and may afterwards have concealed it, he is not an accomplice, of the defendant, within the meaning of the rule requiring corroboration of the testimony of an accomplice.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1082-1088.]
[Ed. Note.—For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 71, 1085.]
[Ed. Note.—For cases in point, see Cent. Dig. vol. 32, Larceny, § 57; vol. 14, Criminal Law, § 1088.]
The ownership of personal property, in an indictment for larceny or for burglary, may be laid in the person having actual lawful possession of the same, although he may be holding it as agent or bailee of another. Wimbish v State, 89 Ga. 294, 15 S. E. 325.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 8, Burglary, § 65.]
No reversible error appears in the record. (Syllabus by the Court.)
Error from Superior Court, Walker County; Moses Wright, Judge.
G. W. Bradley was convicted of burglary, and he brings error. Affirmed.
Jno. W. Bale and F. W. Copeland, for plaintiff in error.
W. H. Ennis, Sol. Gen., and Walter B. Shaw, for the State.
POWELL, J. 1. The defendant was convicted of burglary. The witnesses upon whose testimony the conviction rested was that of his accomplice, House, and the latter's wife. Certain assignments of error raise the question as to whether Mrs. House was not also an accomplice. She heard the defendant and her husband planning the burglary, and advised them against it; but after the crime had been committed, and a portion of the stolen money had been left in her house, she attempted to secrete it from the officers who were searching for it. She was not a principal, for she did not directly or indirectly participate in the crime. She was not an accessory before the fact, because she did not procure, counsel, or command it to be done. She may have become an accessory after the fact, or may have been guilty of the independent offense of receiving stolen goods; but neither of these relations to the case makes her an accomplice. Lowery v. State, 72 Ga. 649; Springer v. State, 102 Ga. 447, 30 S. E. 971; Allen v. State, 74 Ga. 772.
2. The indictment alleged the ownership of the property to be in one Berry. The proof showed that the money actually belonged to a Tennessee corporation by whom Berry was employed, but that it had been intrusted to Berry for the purpose of paying off hand3, and that it was stolen from Berry's trunk, where he had placed it for safe-keeping. This is sufficient.
3. There are other assignments of error in the case, but we find...
To continue reading
Request your trial
-
Thomas v. State
...be laid in the person having lawful possession of the property, though he holds it as the agent or bailee of another (Bradley v. State, 2 Ga. App. 622, 58 S. E. 1064). It is said in 25 Cyc. 91, that 'Any legal interest in the goods, although less than the absolute title, will support an all......
-
Goodbread v. State, (No. 13808.)
...participate in the burglary, was guilty of receiving stolen goods, he was not an accomplice of the principal thief. Bradley v. State, 2 Ga. App. 622, 58, 58 S. E. 1064, and cases cited. He swore: "I think Mr. Goodbread (defendant), Mr. Davenport, and Zant brought it in. * **i am positive th......
- Bradley v. State
-
Goodbread v. State
... ... the defendant with the commission of the crime, except the ... direct evidence of his accomplices, is without merit ... Granting that George Ponder, who did not participate in the ... burglary, was guilty of receiving stolen goods, he was not an ... accomplice of the principal thief. Bradley v. State, 2 ... Ga.App. 622, 58, 58 S.E. 1064, and cases cited. He ... "I think Mr. Goodbread (defendant), Mr. Davenport, and ... Zant brought it in. * * * ... [115 S.E. 47.] ... I am positive that all three of them were there that ... This ... evidence alone "connected ... ...