9 Ga. App. 863 | Ga. Ct. App. | 1911
The prosecutrix asked the defendant to change a $5 bill. He took it, and stepped into a store as if to get the change, and then disappeared. Next morning, after a warrant had been sworn out for his- arrest, he came to the prosecutrix and told her that he was drunk on the day before, and that for that reason he failed to come back'with the change, and he gave her the money in silver dollars. The judge charged the jury that if the defendant took the money, and intended to steal it at the time, or if afterward, while he had it, he formed the intention to steal it, and carried it away and appropi'iated it to 1ns own use, he would bo guilty of simple larceny.