4 Ga. App. 67 | Ga. Ct. App. | 1908
The defendant was charged in the indictment with having stolen a bale of lint cotton, “the marks, brands, and owner being to the grand jurors unknown.” It was shown that he was an employee of a compress company at Albany; his true name was Frank Pay; he caused a negro drayman to take a bale of cotton from the compress yard to a warehouse; it bore a tag in the name of W. M. Moore and was stored in the warehouse under that name; he called at the warehouse and in the name of Moore sold the cotton, taking in payment a check payable to W. M. Moore, which he indorsed in that name and collected at the bank; he sold and collected for two or three other bales of cotton in similar name and manner during the same season; he was not a cotton planter or anything of that kind, but was a mere compress foreman; the compress company had no customer by the name of W. M. Moore; and no such man was known in the community. About the time the bale of cotton in question was sold, Carter & Patterson of Sylvester, Ga., sent a car-load of' cotton to the compress at Albany, for compressing; the defendant checked it out and reloaded it for shipment to Savannah; upon reloading, the number of bales checked up all right, but later a bale of cotton purporting to be of this shipment was returned from Savannah, showing that it was composed of compress “sweepings,” and not of cotton of the character sent by Carter & Patterson to the compress at Albany; in this bale were found certain tags, etc., which indicated that the “sweepings” came from the door of the Albany compress. In the course of a year’s run several bales of these sweepings would accumulate
, After a careful survey of the record we are of the opinion that the defendant’s guilt was fully shown, and that no material error prejudicial to him has been committed. The judgment refusing him a new trial is therefore Affirmed.