Hall v. The State Of Ga.

Decision Date31 March 1865
Citation34 Ga. 208
PartiesJoseph J. Hall, plaintiff in error. vs. The State of Georgia, defendant in error.
CourtGeorgia Supreme Court

Indictment for Simple Larceny, and Motion for New Trial. Decided by Judge RIchard H. Clark. In Decatur Superior Court. April Term 1864.

Hall, the plaintiff in error, was tried for stealing a steer, the property of James Kent. Kent testified that he was the owner of a small white steer, two years old, poorly grown, with red specks about the neck, both ears off, and branded with the letter K; and that in 1862, between the spring and fall, he missed it, and had never seen it since. Harrell testified that in Decatur county, in September 1862, Hall delivered to him, to take to Columbus for sale, a small white steer with red specks about the neck and both ears off; that no brand could be seen on account of the length of the hair, but afterwards, when the animal began to shed, witness discovered a very indistinct brand which he took to be the letter K, but could not be certain of it. Witness took the steer to Columbus in a drove, sold it for fifteen dollars, and paid over the money to Hall.

This was the evidence on the part of the State.

The evidence for the accused was as follows: Jones testified that he knew a steer belonging to Hall—a small white steer, poorly grown, with red specks about the head and neck, and (when he first saw it, which lie thought was in the spring of 1862,) marked with Hall's mark and branded with his brand —which was J O; that it staid about witnesses' premises five or six months and then disappeared. After a month or two, he saw it again, or one ho took to be the same, and both us ears were off. ' He saw it no more, nor any steer of likedescription. The cattle of Kent and those of Hall ran in the same range; witness knew them, but did not know two steers of the foregoing description in that range. Kent and Hall\'s brands were in letters like J O and K. When the hair of a cow is long, it is impossible to tell what the brand is. Miss Hall, a daughter of the accused, testified that her father had a white steer, with red specks about the head and neck, and both ears bitten off. She last saw him, she thought, just before Christmas of 1861. His ears were then off. Humphries testified that he saw the steer that was placed by Hall in the hands of Harrell, a white steer, with red specks about the neck, and both ears off; that witness saw no brand on him, and did not think any could have been seen. He helped to " swim " the cattle.

The foregoing evidence being all before the jury, counsel for Hall offered to prove by Kent, that immediately after the fact was ascertained that the steer sent off with Harrell, was probably branded with a K, or was the property of Kent, Hall came to him and said if it was Kent's, he had made a mistake, and proposed, and did actually pay him the amount of money for which the steer was sold. This evidence the Court rejected; and the jury returned a verdict of guilty.

Hall then moved for a new trial, because the Court erred...

To continue reading

Request your trial
5 cases
  • Musgrove v. State
    • United States
    • Georgia Court of Appeals
    • January 27, 1909
    ... ... stolen was taken with intent to steal. Without multiplying ... authorities, we merely cite 1 Hale, P. C. 509; 2 Russ. Cr ... 163; 2 Arch. Cr. Pl. & Pr. 1183; 1 Whar. Cr. L. 884; 1 Bish ... Cr. L. §§ 297, 884; 2 Bish. Cr. L.§ 851; Hall v ... State, 34 Ga. 208; Daniel v. State, 55 Ga. 223; ... Causey v. State, 79 Ga. 564, 5 S.E. 121, 11 ... Am.St.Rep. 447; Cleveland v. State, 114 Ga. 111, 39 ... S.E. 941; Lee v. State, 102 Ga. 224, 29 S.E. 264, ... and citations; James v. State, 114 Ga. 96, 39 S.E ... 946; Jackson v ... ...
  • Lee v. State
    • United States
    • Georgia Supreme Court
    • August 10, 1897
    ... ... property, take it into his possession, it is not larceny. 1 ... Whart. Cr. Law, § 884. To take another's property under a ... bona fide claim of right is a trespass, but it is not ... larceny, however unfounded the claim may be in law. Hall ... v. State, 34 Ga. 208; Com. v. Stebbins, 8 Gray, ... 492; People v. Carabin, 14 Cal. 438; and numerous ... authorities cited in Clark, Cr. Law, p. 264, note 85. See, ... also, Manufacturing Co. v. White, 63 Ga. 697; ... Causey v. State, 79 Ga. 564, 5 S.E. 121. As we ... construe the charge ... ...
  • Lovett v. State
    • United States
    • Georgia Supreme Court
    • January 25, 1888
    ...away the wrong sack by mistake, was admissible evidence in his behalf. Walker. v. State, 28 Ga. 258; McElmen v. State, 30 Ga. 872; Hall v. State, 34 Ga. 208. 4. Same. The error of excluding such evidence is not repaired by submitting to the jury a written recital of it after the witness had......
  • Cleveland v. State
    • United States
    • Georgia Supreme Court
    • November 7, 1901
    ... ... package which he is told awaits him at an express office, and ... the fact that the person so calling has neither ordered nor ... been promised any package is not inconsistent with entire ... good faith and honesty of purpose. See Hall v ... State, 34 Ga. 208; Manufacturing Co. v. White, ... 63 Ga. 697; Causey v. State, 79 Ga. 564, 5 S.E. 121, ... 11 Am.St.Rep. 447; Lee v. State, 102 Ga. 224, 29 ... S.E. 264. We conclude, therefore, that under the evidence ... submitted on the trial in the court below the accused was ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT