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40 Ga. 229

Davis v. State

Supreme Court of Georgia

Decided December 15, 1869

Supreme Court of Georgia · decided 1869-12-15

Criminal Pleading. Larceny. Arrest of judgment. Before Judge Pore. Fulton Superior Court. September Special Term, 1869.

Good law ✅— No negative treatment on recordhow we know

Decided 1869-12-15

How this case has been cited

Cited by 11 later decisions — most recently October 1975

11 state decisions

50186918701880189019001910192019301940195019601970decided

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 →

Warner, J.

¶1The defendants were indicted for the offense of simple larceny, and charged with having wrongfully and fraudulently taken and carried away a certain “ white hog,” without alleging the hog to have been of any value. After a verdict of guilty, a motion -was made to arrest the judgment on the ground that the hog was not alleged in the indictment to have been of any value, which motion was overruled. By the common law, at the time of our statute adopting it, the value of the property, in an indictment for simple larceny, was required to be alleged and proved on the trial. “Where personal' chattels are'the subject of an offense, as in larceny, they must be described specifically by the names usually appropriated to them, and the number and valúe of each species or particular kind of goods, stated.” Archibold’s Criminal Pleading, 22. On the trial for larceny, evidence must be given that the thing stolen is of some value: Roscoe’s Criminal Evidence, 512. This principle of the common law is still of force in this State, and the failure to allege'in the indictment the value of the property charged to have been stolen, is a good ground for arresting the judgment after verdict.

¶2Let the judgment of the Court below be reversed.

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