54 Ga. 184 | Ga. | 1875
The defendant was indicted for the offense of “simple larceny,” under the 4406th section of the Code, and charged with having wrongfully, fraudulently and privately, taken and carried away, with intent to steal the same, certain described United States national currency notes, of the value of twelve dollars. The evidence upon the trial proved a technical “larceny from the person.” The jury, under the charge of the court, found the defendant guilty. A motion was made for a new trial, on the ground that the court erred in charging the jury that they could find the defendant guilty of simple larceny, as defined by the 4406th section of the Code, notwithstanding the evidence showed that it was a technical larceny from the person. The court overruled the motion, and the defendant excepted.
By the 4406th section of the Code, it is declared that if any person shall take and carry away any bond, note, bank bill or due bill, or paper or papers, securing the payment of money, etc., with intent to steal the same, such person shall be guilty of simple larceny. By the 4410th section, theft or larceny from the person is defined to be the wrongful and fraudulent taking of money, goods, chattels, or effects, or any article of value, from the person of another privately, without his knowledge, in any place whatever, with intent to steal the same. “Simple larceny” and “larceny from the person” are two distinct offenses under the Code. It is true, that if any person shall take and carry away any bond, note, bank bill, etc., with intent to steal the same, such person is guilty of simple larceny; and it is also true, that if any person shall wrongfully and fraudulently take and carry away the personal goods of another, other than bonds, notes, bank bills, etc., with intent to steal the same, he would be guilty of sinrple larceny, but it does not follow that if bonds, notes, bank bills, etc.,
Let the judgment of the court below be reversed.