Supreme Court of Georgia, 1901

James v. State

James v. State
Supreme Court of Georgia · Decided November 7, 1901 · Simmons
114 Ga. 96; 39 S.E. 946; 1901 Ga. LEXIS 585
James v. State

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Simmons, C. J.

An intention to steal is an essential element of the offense of larceny ; and therefore, in the trial of a person charged with this offense and whose defense was that he had taken the goods under a bona fide claim of right, it was error for the judge to refuse to submit to the jury the question of intention, and to charge that if the accused appropriated the goods he was. guilty regardless of his intention. Zee v. State, 102 Ga. 221, and cases cited.

Judgment reversed.

All the Justices concurring.

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