Cody v. State

Decided December 21, 1906

Supreme Court of Georgia · decided 1906-12-21

Indictment for larceny. Before Judge Crisp. City court of Americus. October 26, 1905. The indictment charged the larceny of certain household goods of Montgomery from his dwelling-house. There was testimony to the effect that the articles mentioned were his property, and were found in the possession of the accused. Montgomery was dead at the time of the trial.

Relies on Lyman v. State · Collins v. State · Stevens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1906-12-21

How this case has been cited

Cited by 14 later decisions — most recently May 1988

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Lumpkin, J.

¶11. Where it is material to explain how or why a search for property was made, it is competent to show that this was done in consequence of information received. But statements conveying such information are not admissible as affirmative proof of the facts contained in them. Lyman v. State, 69 Ga. 404; Stevens v. State, 77 Ga. 310; Foster v. Atlanta Rapid Transit Co., 119 Ga. 675; Collins v. State, 88 Ga. 347.

¶22. Where the evidence failed to prove the offense charged except by considering statements, not under oath, made by a person since deceased, a verdict of guilty was not supported by the evidence.

¶3Judgment reversed.

All the Justices concur.