Mathis v. State

Court of Appeals of Georgia

Decided June 17, 1921

Court of Appeals of Georgia · decided 1921-06-17

<p>Accusation of larceny; from city court of Tifton — Judge Price. March 7, 1921.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1921-06-17

How this case has been cited

Cited by 4 later decisions — most recently November 1965

4 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.

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Luke. J.

¶1An accusation which charges the larceny of “two and one-half gallons of syrup of the value of $2.00, and of the property of J. M. Yarner, Charlie Bowman, and Pete Werthington,” is not sufficient to withstand a special demurrer which attacks it for the insufficiency of the description of the thing alleged to have been stolen. The defendant, if he desired, was entitled to know what kind of syrup he was charged with stealing. The court having erred in overruling the special demurrer, everything occurring thereafter was nugatory.

¶2 Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.