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Lawskills.com Georgia Caselaw
MORRIS v. THE STATE.
34741.
Larceny. Before Judge Stephens. Laurens Superior Court. May 14, 1953.
CARLISLE, J.
Julian Morris, Carlus Copeland, Eddie Lee Wright, and Johnie Jackson were indicted for the simple larceny of two hogs. The description of the hogs in the indictment is as follows: one being a black and white spotted barrow, weighing about 150 pounds and of the value of $20, the other being a red gilt, weighing about 140 pounds and of the value of $18, both being the personal property of R. L. Hogan. All the defendants except Morris pleaded guilty, and he proceeded to trial alone and was convicted. His motion for new trial, based on the usual general grounds and seven special grounds, was denied and he has appealed to this court for a review.
Davis v. State, 63 Ga. App. 17 (10 S. E. 2d 138), and citations. If it be contended by the State that the description of the hogs was sufficiently established by the witness Larsen, an examination of his testimony will show that his identification of the hogs was either by hearsay, which has no probative value ( Nesbit v. State, 71 Ga. App. 744, 32 S. E. 2d 207), or that, from the facts to which he testified and the inferences to be drawn therefrom, it was impossible for him to have identified the hogs which the defendants took away as those described in the indictment, and should have been rejected. Patton v. State, 117 Ga. 230 (43 S. E. 533). The evidence did not authorize the verdict, and consequently the trial court erred in denying the motion for new trial.
2. From what has been said in the foregoing division of this opinion, it is unnecessary to pass upon the special grounds of the motion for new trial.
W. W. Larsen, Solicitor-General, contra.
Lester F. Watson, M. H. Blackshear, for plaintiff in error.
DECIDED SEPTEMBER 23, 1953.
Saturday May 23 04:19 EDT


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