Georgia Reports Volume 55

Georgia Reports Volume 55

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...would be there that night to get the cotton. He also testified that, on taking his position at night, he called out his agent and asked where the defendant was. Being told that he was in the woods about a quarter of a mile off, he directed the agent to go and tell him to come and get the cotton. The agent went, and after a short absence returned in company with defendant. Leaving defendant at the cotton house, within a few steps of where the owner and his party lay concealed, the agent went to his dwelling house, brought out a basket of cotton, delivered it to defendant, .who moved off with it, and just then, the owner cried, "halt!" and his party discharged their guns in the air; the defendant dropped the basket, ran off in the darkness, and made his escape. The court charged the jury, in substance, that if the defendant and his associate in the transaction (the ownerls agent, ) united in a common intent to VoL. LV. 26. steal the cotton, combining and confederating for that purpose, in executing the common intent, and one of them did the actual taking and carrying, they were both guilty. Also, that if the agent had no intent to steal, but the defendant believed he had, and so combined and confederated with him to steal, and the agent handed him the cotton, and he took it and removed it any distance whatever, he was guilty. There is no evidence in the record upon which to charge the defendant with any taking and carrying away done by his supposed accomplice. The evidence is clear that that person was in mental and moral concert with the owner, not with the accused. It is incredible that he was engaged in stealing during this transaction. There was no guilty taking or carrying done by him, and it was error for the court to make...
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Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236801210
  • 9781236801210