2 Ga. App. 638 | Ga. Ct. App. | 1907
The defendant was charged with larceny from the house, in that he stole from the house of George Oliver a bushel of oats, a bushel of corn, and ninety pounds of hay, the property of said Oliver. Oliver did not prosecute, but one Charlie Burke, an employee of his, did so. The undisputed evidence shows that the defendant was a team driver for Oliver, who was a contractor and who was engaged in having some dirt moved, at what is called in the record “the gully,” or “fill.” Oliver kept in Americus a
That an intent to steal is essential to the existence of the crime of larceny is so elementary as to require no citation of authorities. While this intent may be circumstantially proved, and may be inferred from a state of facts capable of supporting that inference, yet there must be some legal proof of it in every case. We have' no hesitancy at all in saying that the facts in this case are utterly inconclusive of any such inference. In fact, the record much more strongly indicates malice in the prosecution than it does guilt •on the part of the defendant. Mitchell v. State, 103 Ga. 17 (29 S. E. 435); Causey v. State, 79 Ga. 564 (5 S. E. 121, 11 Am. St. R. 447). Judgment reversed.