Johnson v. State

Decided August 15, 1878

Supreme Court of Georgia · decided 1878-08-15

Criminal law. Indictment. New trial. Before Judge Clark. City Court of Atlanta. March. Term, 1878. To the report contained in the opinion it is only necessary to add the following: Eliza Johnson was arraigned on nn accusation containing two counts, one for simple larceny, the other for receiving stolen goods. She was tried, convicted, and moved in arrest of judgment because of misjoinder of counts. The motion was overruled.

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Decided 1878-08-15

How this case has been cited

Cited by 5 later decisions — most recently November 1982

5 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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Jackson Justice.

¶1But two grounds are taken in the motion for a new trial:

¶21. That a count for receiving stolen goods cannot be joined in the same indictment with a count for simple larceny. Both are misdemeanors — both of the same nature, and they may both be joined in the same indictment. See authorities cited by solicitor general: Am. Grim. Law, §1904, vol. 2 ; §419, vol. 1; Hopkins’ An. Penal Code, §1514.

¶32. The evidence was conflicting ; but there is enough to support the verdict; the judge who tried the case approves the finding, and our well settled rule in such cases is not to interfere. No complaint is made of the charge or rulings of the court, and the verdict is not contrary to law or to evidence.

¶4Judgment affirmed.