8 S.E.2d 706 | Ga. Ct. App. | 1940
1. The evidence authorized a finding that the prosecutor Salter, the person in whom the ownership of the stolen hog was alleged, was one of the joint owners of the hog.
2. It was permissible to describe the ownership of the hog in the indictment in Salter, a tenant in common (Code, §§ 85-1001, 85-1002), on the theory that he was a joint owner, and that he was in charge of and in control of and managed the property stolen. However, the mere temporary absence of one or more of the joint owners would not warrant the allegation of ownership in the one present and in temporary charge and control of the joint property.
3. The indictment charged that Salter was the owner of the stolen hog. The judge charged the jury that before they could convict the defendant the State must prove every essential element in the indictment as charged. We think the charge as given, while it was not very full, was sufficient to convey the meaning and application of the principle on which the defendant based his defense. If the defendant had desired a more specific instruction with reference to the question of ownership of the stolen property (the hog), an appropriate written request for such instructions should have been given to the judge.
4. The evidence authorized the verdict.
The defendant contends that there was a special contract relative to the hogs, which fixed the rights of the parties as identical with those obtaining in the case of crops produced under the relationship of landlord and cropper. The State contends that the landlord merely furnished the cropper live stock, the increase of which was to be raised by the latter on shares to be divided in kind equally between the parties, and that their relationship with reference thereto was that of owners or tenants in common, and not that of landlord and cropper. Relative to these contentions, Judge Bell, speaking for this court in Ellis v. Hopps,
The defendant further contends that the evidence made an issue as to whether or not the property was the property of Salter or was the joint property of Salter and Zetterower, or was the property of Zetterower alone; and that the judge should have charge the jury, without request, on the law of landlord and cropper. That is, that if the relationship to the hogs was that of landlord and cropper, the defendant could not be found guilty because the ownership should have been alleged in the landlord, Zetterower. The judge charged the jury that before they could convict the defendant the *559
State must prove every essential element in the indictment as charged. The indictment charged that Salter was the owner of the stolen hog. We think the charge as given, while it was not very full, was sufficient to convey to the jury the meaning and application of the principle on which the defendant based his defense. If the defendant had desired a more specific instruction with reference to the question of ownership of the stolen hog, an appropriate written request for such instruction should have been submitted. Findley v. State,
Judgment affirmed. Broyles, C. J., and Guerry, J.,concur.