Lowe v. The State Of Ga.
| Decision Date | 31 July 1876 |
| Citation | 57 Ga. 172 |
| Court | Georgia Supreme Court |
| Parties | John Lowe, plaintiff in error. v. The State of Georgia, defendant in error. |
1. Criminal Law—Larceny—Indictment.—An indictment for simple larceny in stealing two hogs at the same time and place, though alleging that one is the property of one person, and the other of another, covers but one transaction, and charges but one offense, and judgment thereon will not be arrested.
2. Same—Same—Evidence.—Proof that defendant stole one of the hogs is sufficient to convict under such an indictment.
Criminal law. Indictment. Before Judge Wright. Dougherty Superior Court. April Term, 1876.
Reported in the opinion.
Vason & Davis, for plaintiff in error.
B. B. Bower, solicitor general, for the state.
*JACKSON, Judge.
The indictment alleged that the defendant stole two hogs belonging to different owners on the same day, and in the same county. He was found guilty and moved to arrest the judgment on the ground that two offenses were charged.
1. We think the indictment covers one transaction and charges but one offense, and is good—certainly good as against a motion to arrest the judgment after verdict.
2. The proof only justified the conviction for stealing one of the hogs. The penalty or punishment prescribed by the law, and inflicted by the judge, being the same whether one or both were stolen, the verdict is sustained by the evidence, and the motion for a new trial on this ground was properly overruled.
Judgment affirmed.
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Butler v. State, 50042
...believed there was heroin in the other packages admitted into evidence. See e.g. Perdue v. State, 225 Ga. 814, 171 S.E.2d 563; Lowe v. State, 57 Ga. 172(2); Howard v. State, 128 Ga.App. 807, 198 S.E.2d 334(6), Judgment affirmed. BELL, C.J., and WEBB, J., concur. ...
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Dean v. State
... ... alleging different ownership and a different value as to each ... cow. This would constitute but one offense, covering the one ... transaction, and would be sustained by proof that the accused ... stole any of the cows as charged therein. In Lowe v ... State, 57 Ga. 172, it is held that an indictment for ... simple larceny for stealing two hogs at the same time and ... place, though alleging that one is the property of one ... person, and the other of another, covers but one transaction, ... and charges but one offense, and judgment ... ...