Davis v. State

Georgia Court of Appeals
Davis v. State, 38 Ga. App. 206 (1928)
143 S.E. 435; 1928 Ga. App. LEXIS 136
Broyles

Davis v. State

Opinion of the Court

Broyles, C. J.

A mere temporary loan of property, without hire or other benefit to the person lending, is not such a fiduciary bailment as would make the stealing or conversion of the property larceny after trust. Barksdale v. Slate, 28 Ga. App. 535 (112 S. E. 165).

Under the above-stated ruling and the facts of the instant case, the defendant’s conviction of larceny after trust was unauthorized, and the refusal to grant him a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

Reference

Cited By
3 cases
Status
Published