DocketNumber: 37317
Citation Numbers: 98 Ga. App. 132
Judges: Gardner
Filed Date: 9/15/1958
Status: Precedential
Modified Date: 1/12/2023
1. The evidence is sufficient to sustain the judgment as to the general grounds.
2. We will treat special grounds 1 and 2 together, since they are very closely interrelated. Special ground 1 assigns error because it is alleged that the court erred in not giving to the jury the following charge: “That said defendant could not be convicted, and convicted [sic] under the indictment against Willie Buck Smith, the principal thief in said case, to wit: The six rolls of screen wire, which movant was convicted under in the indictment against movant, because it was not alleged in the indictment against Willie Buck Smith, and said principal thief, to wit: Willie Buck Smith, had never been convicted for stealing the six rolls of screen wire, further, that said court erred in not charging, to the jury, that movant could not be tried and convicted, for any
Special ground. 2 assigns error because it is alleged that the court erred in giving to the jury the following charge: “Buy and receive from one Willie Buck Smith, the following described property, to wit: 48 gallons of paint, assorted colors, all being William Armstrong Smith paint; 4 rolls of aluminum screen wire; 2 rolls of galvanized screen wire, of the value of $494, the same being the property of H. S. Mobley and J. W. Mobley, doing business as West Griffin Lumber Company, and having been unlawfully stolen by said Willie Buck Smith from the warehouse of said H. S. Mobley and J. W. Mobley, doing business as West Griffin Lumber Company, the said Clarence B. Jackson knowing said property above described was stolen when he bought and received it from said Willie Buck Smith, and the said Willie Buck Smith, the principal thief, was convicted at the October term, 1957, of Spalding Superior Court, on an indictment for larceny from the house, charging him with stealing said property. That the foregoing charge to the jury was misleading, and highly prejudicial to defendant, because nowhere in said indictment against the principal thief referred to in the charge of the court, did the indictment allege that any screen wire was stolen by the said Willie Buck Smith, nor was he convicted of having stolen any screen wire from H. S. Mobley and J. W. Mobley, doing business as West Griffin Lumber Company. That the court further erred in the above charge to the jury, because said state indicted the said Clarence B. Jackson under Code § 2620 of the Ann. Code of Georgia, 1933, and relied upon the indictment against Willie Buck Smith in the trial of said case against the defendant, Clarence B. Jackson, movant in this motion.”
In view of the whole charge of the court as applied to the evidence in the case, we can not see that failure to charge, as set out in special ground 1, was harmful, nor can we see that the excerpt from the charge of the court to which reference is made in special ground 2 was harmful to the defendant. It follows that special grounds 1 and 2 are not meritorious.
Judgment reversed.