118 Ga. 79 | Ga. | 1903
Hateley and others were indicted in Carroll superior court, under the Penal Code, § 219, par. 1, for the offense of
The following portion of the charge of the court is assigned as error: “ Gentlemen of the jury, you understand about the contentions in this case. It would make no difference when the brothers and sister of the defendant, and the mother of A. J. Hateley, agreed that he might have their interest in this land, if they had any. You are not trying his titles to the land; you are not investigating the question as to whether or not A. <T. Hateley owned the entire property or owned any interest in it; the question is, did he honestly and in good faith believe that he owned this property and had the legal right to cut this timber ? That is the main question in the case.” It is contended that it was erroneous to instruct the jury that they were not trying the title to the land, without further telling them that they might, however, consider the claim of the accused and the deeds and other evidences of title offered by him,
Other than as herein set out, we find nothing in the record to indicate that any error was committed on the trial in the lower court. The case is sent back for another hearing, on the sole ground that the court erred in the charge which has been quoted, and that the error must of necessity have been prejudicial to the accused.
Judgment reversed.