15 Ga. App. 179 | Ga. Ct. App. | 1914
The defendant was convicted of the offense of larceny from the house. The evidence shows that one Fowler, who had possession and control of a mill belonging to one Jones, and was engaged in conducting its operations, began to miss corn from the toll bin. Finally, in an effort to locate the guilty party, he cut up some thin pink and white paper into very-fine particles, so that it would resemble the chaff from the corn, and mixed it with the corn in the bin. A day or two later the defendant brought to the mill some corn, which, upon examination, was found to contain some fine particles of paper similar to that placed in the toll bin by Fowler. Upon being questioned as to how he came into possession of this particular corn, the defendant stated that he got it at Shake Eag, but later stated that he got it at Duluth. Samples of the corn taken from the bin and from that brought to the mill by the defendant were placed in evidence. There was also evidence tending to show that the defendant had endeavored to induce a young boy employed by him to swear that he (the boy) had helped the defendant to shell the corn which the defendant carried to the mill. The defendant moved for a new trial, the motion was overruled, and exceptions are taken to the judgment overruling this motion.
1. The plaintiff in error insists that the conviction was illegal because the indictment charged that the millhouse and the corn were the property of Dock Fowler, when the evidence showed them to be the property of Jones. There is no merit in this contention. The evidence showed that the house was in the possession of Fowler, and that the goods stolen were in his custody and control, as the agent of Jones; and tinder an indictment for larceny from the house proof of such possession is sufficient to sustain an allegation of ownership. Markham v. State, 25 Ga. 52; Kidd v. State, 101 Ga. 528 (28 S. E. 990); Thomas v. State, 125 Ga. 286 (54 S. E. 182); Goode v. State, 70 Ga. 752; Peterson v. State, 6 Ga. 491 (65 S. E. 311); Wimbish v. State, 89 Ga. 294 (15 S. E. 325); Bradley v. State, 2 Ga. App. 622 (58 S. E. 1064).
2. It is insisted that there was an abuse of discretion on the part of the trial judge in overruling the defendant’s motion for
3. The evidence for the prosecution, though circumstantial, supported the verdict, and, it not being made to appear that any error of law was committed, it is the duty of this court to affirm the judgment overruling the motion for á new trial. Copelan v. State, 7 Ga. App. 690 (67 S. E. 833).
Judgment affirmed.