Melvin v. State
| Decision Date | 12 July 1904 |
| Parties | MELVIN v. STATE. |
| Court | Georgia Supreme Court |
LARCENY—INDICTMENT—DESCRIPTION OF PROPERTY.
1. An indictment for simple larceny described the property alleged to have been stolen as "one shovel, of the value of one dollar." Held, that a special demurrer on the ground that the description was too general should have been sustained.
(Syllabus by the Court.)
Error from Superior Court, Bulloch County; A. F. Daly, Judge.
R. J. Melvin was convicted of larceny, and brings error. Reversed.
R Lee Moore, for plaintiff in error.
B. T. Rawlings, Sol. Gen., for the State.
COBB, J. Descriptive averments in indictments are to be considered in the light of the presumption that the accused is innocent. Property alleged to have been stolen should be described with sufficient definiteness to enable the accused to ascertain the specific charge he is called on to meet, and, in the event of a second prosecution, to plead his former acquittal or conviction. If the accused is satisfied to go to trial on an indictment for larceny containing a mere general description of the property alleged to have been stolen, he cannot complain after conviction. But where, on arraignment, he objects to the general description by special demurrer, the indictment should be quashed. The description "one shovel" is entirely too general. There are numerous varieties of shovels, ranging from the tiny implement used by the child in his play upon the sand pile to the immense appliance propelled by steam and used in mines and elsewhere. The accused was entitled to know what class of shovel he was charged with having stolen. See Brown v. State, 116 Ga. 559, 42 S. E. 795. The state relies upon San ders v. State, 86 Ga. 717, 12 S. E. 1058, a case of larceny after trust, where the property was described as "15 head of beef cattle, " and upon Powell v. State, 88 Ga. 32, 13 S. E. 829, a case of larceny from the person, where the property was described as "one watch and chain." In indictments for compound larceny the allegations in reference to the aggravating fact serve to individualize the transaction, and a more general description of the property is permissible in such cases than would be permitted in indictments for simple larceny.
Judgment reversed. All the Justices concurring.
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Pharr v. State
...State, supra, page 561 of 116 Ga., 42 S. E. 795; 12 Enc. P1. & Pr. 979. In what have been termed "compound larcenies" (Melvin v. State, 120 Ga. 490, 491, 48 S. E. 198), very meager descriptions of the property stolen have been held sufficient, even against a special demurrer; as, for instan......
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Pharr v. State
... ... prosecution for the same offense." Walthour v ... State, supra, page 76 of 114 Ga. 39 S.E. 872; Brown ... v. State, supra, page 561 of 116 Ga. 42 S.E. 795; 12 ... Enc. Pl. & Pr. 979. In what have been termed "compound ... larcenies" (Melvin v. State, 120 Ga. 490, 491, ... 48 S.E. 198), very meager descriptions of the property stolen ... have been held sufficient, even against a special demurrer; ... as, for instance, in a case of larceny after trust where the ... property was described as "15 head of beef cattle" ... (Sanders v ... ...
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State v. Cora Baker, Alias Cora Bland, Alias Cora Drew
... ... Applying a similar course of reasoning to the "quantity ... of towels," and to the "two candlesticks," the ... same result is ... [138 A. 739] ... reached--the descriptions are too vague and uncertain to ... comport with the requirements. In Melvin v ... State, 120 Ga. 490, 48 S.E. 198, it was held that ... "one shovel" was a too indefinite description, ... there being numerous varieties of shovels ranging from a toy ... instrument used by a child to immense appliances propelled by ... steam and used in a mine or elsewhere, To the same ... ...
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State v. Baker
...candlesticks," the same result is reached—the descriptions are too vague and uncertain to comport with the requirements. In Melvin v. State, 120 Ga. 490, 48 S. E. 198, it was held that "one shovel" was a too indefinite description, there being numerous varieties of shovels ranging from a to......