TaiLexi AI U.S. Case Law

Mathis v. State

Mathis v. State, 107 S.E. 629 (Ga. Ct. App. 1921)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 17, 1921
Docket
No. 12387
Judges
Luke
Citations
107 S.E. 62927 Ga. App. 2291921 Ga. App. LEXIS 790
Cited by 5
Summary
Accusation of larceny; from city court of Tifton — Judge Price. March 7, 1921.

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

Opinion of the Court — Luke

Text extracted by OCR from a scanned original; check the original for exact wording.

Luke. J.

An accusation which charges the larceny of “two and one-half gallons of syrup of the value of $2.00, and of the property of J. M. Yarner, Charlie Bowman, and Pete Werthington,” is not sufficient to withstand a special demurrer which attacks it for the insufficiency of the description of the thing alleged to have been stolen. The defendant, if he desired, was entitled to know what kind of syrup he was charged with stealing. The court having erred in overruling the special demurrer, everything occurring thereafter was nugatory.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1942: 21959: 11965: 12023: 119422026peak 1942 · 2

Relies on it most ⓘ

  1. Ellis v. State21 S.E.2d 316 (Ga. Ct. App. 1942)
  2. Simpson v. State112 S.E.2d 314 (Ga. Ct. App. 1959)
  3. Tucker v. State145 S.E.2d 751 (Ga. Ct. App. 1965)
  4. Smith v. State22 S.E.2d 120 (Ga. Ct. App. 1942)
  5. Tommy Lamar Thomas v. StateNo. A22A1677 (Ga. Ct. App. Feb. 10, 2023)

Most recent

  1. Tommy Lamar Thomas v. StateNo. A22A1677 (Ga. Ct. App. Feb. 10, 2023)
  2. Tucker v. State145 S.E.2d 751 (Ga. Ct. App. 1965)
  3. Simpson v. State112 S.E.2d 314 (Ga. Ct. App. 1959)
  4. Smith v. State22 S.E.2d 120 (Ga. Ct. App. 1942)
  5. Ellis v. State21 S.E.2d 316 (Ga. Ct. App. 1942)

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.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list