Hall v. State, 208 S.E.2d 621 (Ga. Ct. App. 1974). · Go Syfert
Search
Hall v. State, 208 S.E.2d 621 (Ga. Ct. App. 1974). Cases Citing This Book View Copy Cite
28 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: LaPann v. State (gactapp, 1983-07-05)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 2 distinct citers.
discussed Cited "see" LaPann v. State (2×)
Ga. Ct. App. · 1983 · signal: see · confidence high
See Garrett v. State, 147 Ga. App. 666 , supra. Hall v. State, 132 Ga. App. 612 ( 208 SE2d 621 ).
discussed Cited "see, e.g." McIlhenny v. State (2×)
Ga. Ct. App. · 1984 · signal: see also · confidence low
See also Hall v. State, 132 Ga. App. 612 ( 208 SE2d 621 ) (1974); Garrett v. State, supra. The evidence was sufficient to authorize a rational trier of fact to find the essential elements of the crime beyond a reasonable doubt.
Hall
v.
the State
49564.
Court of Appeals of Georgia.
Sep 19, 1974.
208 S.E.2d 621
Elsie H. Griner, for appellant., Vickers Neugent, District Attorney, for appellee.
Webb, Pannell, Evans.
Cited by 14 opinions  |  Published
Webb, Judge.

This is an appeal from a conviction for stealing a 1973 Honda 350 CC motorcycle, described in the indictment as "the property of Bessie V. Neugent.” Evidence on trial showed the motorcycle to be owned by Harvey Neugent, 14-year-old grandson of Bessie V. Neugent, but at the time of the theft the vehicle was at the home, and in the custody of, Mrs. Neugent.

Appellant’s sole enumeration of error is the denial of his motion for a directed verdict "upon the ground that the indictment set out that a motorcycle alleged to have been stolen as the property of Mrs. Bessie V. Neugent, and the evidence shows that it was not the property of Mrs. Bessie V. Neugent but was the property of Harvey Neugent.” Held:

"The ownership of personal property, in an indictment for larceny, may be laid in a bailee having possession of the property when it was stolen, though the bailment was gratuitous. A like description of ownership of personal property mentioned in an indictment for burglary, is sufficient.” Wimbish v. State, 89 Ga. 294 (1) (15 SE 325). "So far as the thief is concerned, he cannot question the title of the apparent owner.” Randolph v. State, 16 Ga. App. 328, 329 (85 SE 258). See Bradley v. State, 2 Ga. App. 622 (2) (58 SE 1064), Thomas v. State, 27 Ga. App. 38 (2) (107 SE 418), Law v. State, 121 Ga. App. 106 (1) (173 SE2d 98), Spurlin v. State, 222 Ga. 179 (7) (149 SE2d 315).

There was no error in the court’s refusal to direct a verdict of acquittal.

Judgment affirmed.

Pannell, P. J., and Evans, J., concur. [*613] Submitted September 3, 1974 Decided September 19, 1974. Elsie H. Griner, for appellant. Vickers Neugent, District Attorney, for appellee.