9 Ga. App. 571 | Ga. Ct. App. | 1911
The single question presented in this case for the decision of the court is whether a person who at the same time and place takes, steals, and carries away with the intent to steal ñve cows belonging -to different owners, the larceny constituting but one transaction, can be indicted in separate indictments for five separate larcenies, or whether the indictment and conviction for larceny in stealing one of the cows, the property of a designated owner, would be a bar to subsequent indictment and prosecution for-the larceny of any of the other cows. In our opinion the indictment and conviction of the accused for the larceny of one of the cows, under the circumstances above stated, would be a bar to further prosecution for the larceny of any of the other cows stolen by him at the same time and from the same place and in the same transaction. Unquestionably the State could include in the same indictment the larceny of all five of the cows, alleging different ownership and a different value as to each cow. This would constitute but one offense, covering the one transaction, and would be sustained by proof that the accused stole any of the cows as charged therein. In Lowe v. State, 57 Ga. 172, it is held, that an indictment for simple larceny for stealing two hogs at the same time and place, though alleging that one is the property of one person and the other of another, covers but one transaction and charges but one offense, and judgment thereon will not be arrested. In the case of Tippins v. State, 14 Ga. 422, it is held that while the thief may be tried in any county in which he may be ’found in posses