Georgia Court of Appeals, 1921

Mathis v. State

Georgia Court of Appeals · Decided June 17, 1921 · Luke

27 Ga. App. 229; 107 S.E. 629; 1921 Ga. App. LEXIS 790

Cases that cite this one

5 later published cases cite this decision.

Ellis v. State (Ga. Ct. App. 1942)
Tommy Lamar Thomas v. State (Ga. Ct. App. 2023)
Tucker v. State (Ga. Ct. App. 1965)
Simpson v. State (Ga. Ct. App. 1959)
Smith v. State (Ga. Ct. App. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Luke. J.

An 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.

Judgment reversed.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.