28 Ga. App. 470 | Ga. Ct. App. | 1922
Only the first headnote needs elaboration. The indictment in this case charged in part that the accused “ did wrongfully and fraudulently take and carry away, with intent to steal the same, one certain bale of short-staple cotton, being bale No. 39, marked F. G. C. Co. to D. C. Co., being the property of Dixie Cotton Company, a corporation under the laws of Georgia, and of the value of $154.00, and being in the custody and control of the Georgia and Florida Bailroad at Normantown, Ga., and the United States railroad administration. ” The proof showed that the bale of cotton was really marked E. G. Co. to D. C. Co. The judge charged the jury that if they believed “’that the defendant took the bale of cotton described in this indictment, and it was in the custody and control of the railroad company as alleged; and it was the property of the Dixie Cotton Company as alleged, and he took it and carried it away with intent to steal the same, yet if the jury should believe that the words of description on the bale of cotton
For none of the foregoing reasons was the charge erroneous. See, in this connection, Bernhard v. State, 76 Ga. 613 (5); Warren v. State, 12 Ga. App. 695 (3) (78 S. E. 202); Robinson v. State, 27 Ga. App. 770 (1) (109 S. E. 922); Adams v. State, 21 Ga. App. 152 (94 S. E. 82); Ayers v. State, 3 Ga. App. 305 (1) (59 S. E. 924); Rivers v. State, 57 Ga. 28.
Judgment affirmed.