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Tarpe v. State

Tarpe v. State, 20 S.E. 217 (Ga. 1894)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
October 8, 1894
Citations
20 S.E. 21795 Ga. 457
Cited by 4
Headnotes
Lumpkin, J. — The evidence to connect the accused with the burglary as a principal being wholly circumstantial, and while sufficient to raise a presumption against him, yet as it did not exclude every other reasonable hypothesis, but on the contrary the hypothesis that the burglary was committed by the woman with whom he lived being sustained, not only by her positive testimony but by physical facts established by other witnesses, the verdict for burglary was unwarranted by the evidence and the court erred in not granting a new trial. The evidence was sufficient to convict the accused as accessory after the fact, but this grade of offense was-not charged in the indictment. Judgment reversed.
Summary
Indictment fop burglary. Before Judge Clark. Fulton superior court. March term, 1894. .

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Bora Ella Tarpe and Tom Tarpe were jointly indicted for burglary. She pleaded guilty; he was tried and found guilty, and his motion for a new trial was overruled. She testified that she committed the crime, and that he had nothing to do with it. It appeared that the-burglary was in the daytime, and that certain tracks found on the premises were woman’s tracks. Most of the stolen articles were found in a room occupied by both Tom and Bora Ella Tarpe, who lived together but were not married. Among these articles was a guitar which Tom Tarpe pawned after the burglary. Numerous other circumstances were in evidence, but they need, not be detailed here.

F. R. Walker, for plaintiff in error. C. D. Hill, solicitor-general, contra.

How later courts describe this case

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Cited by 4 cases

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1930: 11941: 11942: 11971: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. Chambers v. State22 S.E.2d 487 (Ga. 1942)
  2. Cain v. State153 S.E. 79 (Ga. Ct. App. 1930)
  3. Crane v. State180 S.E.2d 289 (Ga. Ct. App. 1971)
  4. Davis v. State16 S.E.2d 443 (Ga. Ct. App. 1941)

Most recent

  1. Crane v. State180 S.E.2d 289 (Ga. Ct. App. 1971)
  2. Chambers v. State22 S.E.2d 487 (Ga. 1942)
  3. Davis v. State16 S.E.2d 443 (Ga. Ct. App. 1941)
  4. Cain v. State153 S.E. 79 (Ga. Ct. App. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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