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SMITH v. STATE

33858.

85 Ga. App. 875 (1952)

70 S.E.2d 548

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided April 8, 1952.

Attorney(s) appearing for the Case

J. D. Godfrey, Casey Thigpen, for plaintiff in error.

J. Cecil Davis, Solicitor-General, contra.

CARLISLE, J.

1. Where, on the trial of one indicted for the larceny of an automobile, it appeared from the uncontradicted evidence that the defendant, a convict, in the custody of the warden of the Jefferson County Prison Camp, left the prison driving the truck which he is alleged to have stolen, with the permission of the warden, but in the custody of a guard, and it further appeared without contradiction that, while in Glascock County, the guard instructed the defendant...

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