113 Ga. 1040 | Ga. | 1901
The accused was placed upon trial upon an indictment charging him with the offense of simple larceny, and was convicted. His motion for a new trial having been overruled, he excepted. Upon an examination of the brief of evidence which is contained in the -record, it does not appear that there was any evidence showing the value of the article alleged to have been stolen, or that it was of any value. Eor this reason the conviction was unauthorized, and the judge should have granted a new trial. Hawkins v. State, 95 Ga. 458; Smith v. State, Id. 460; May v. State, 111 Ga. 840. It does not distinctly appear from the evidence for the State exactly what was the relation that existed between the prosecutor and the accused, so far as the property which was alleged to have been the subject of the larceny was concerned, but from the statement of the accused it clearly appears that the relation between them was that of landlord and cropper. If -this was the true relation existing between them the accused would not