Maxwell v. State

• Decision Date: 23 October 1911
• Docket Number: (No. 3,662.)
• Citation: 9 Ga.App. 875,72 S.E. 445
• Parties: MAXWELL v. STATE.
• Court: Georgia Court of Appeals

72 S.E. 445

9 Ga.App. 875

MAXWELL

v.STATE.

(No. 3, 662.)

Court of Appeals of Georgia.

Oct. 23, 1911.

(Syllabus by the Court.)

Robbery (§ 17^*)—Indictment and Information (§ 61*)—Sufficiency—"Dollar." An indictment for robbery (omitting formal parts) charged that the accused "did unlawfully, fraudulently, and violently take from the person of W. Archer fifty dollars in money, of the value of fifty dollars, the personal property of him, the said W. Archer, by force." Held, that the description of the property alleged to have been forcibly taken was sufficient, and the court properly overruled a special demurrer to the indictment, on the ground that it was not alleged whether the $50 in money was in gold, silver, or paper money, and the denominations thereof were not given. Berry v. State, 10 Ga. 518; Watson v. State, 64 Ga. 61.

It was also sufficient on the question of value, to allege that the "fifty dollars in money" was "of the value of fifty dollars, " as the courts will judicially recognize that the word "dollar" is the money unit of the United States and is of the value of 100 cents. McDonald v. State, 2 Ga. App. 633, 58 S. E. 1067.

[Ed. Note.—For other cases, see Robbery, Cent. Dig. §§ 16-26; Dec. Dig. § 17;* Indictment and Information, Cent. Dig. § 183; Dec. Dig. § 61.*

For other definitions, see Words and Phrases, vol. 3, pp. 2160-2164.]

Error from Superior Court, Floyd County; John W. Maddox, Judge.

Irwin Maxwell was convicted of robbery, and brings error. Affirmed.

Eubanks & Mebane, for plaintiff in error.

John W. Bale, Sol. Gen., for the State.

HILL, C. J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes