Georgia Court of Appeals, 1928

Davis v. State

Davis v. State
Georgia Court of Appeals · Decided May 15, 1928 · Broyles
38 Ga. App. 206; 143 S.E. 435; 1928 Ga. App. LEXIS 136

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.

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