 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 16. CRIMES AND OFFENSES |
|
|
Chapter 8. OFFENSES INVOLVING THEFT |
| Article 1. THEFT |
| Article 2. ROBBERY |
| Article 3. CRIMINAL REPRODUCTION AND SALE OF RECORDED MATERIAL |
| Article 4. MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY |
| Article 5. RESIDENTIAL MORTGAGE FRAUD |
REFS & ANNOS
TITLE 16 Chapter 8 NOTE
CROSS REFERENCES. --Theft of telecommunication services, § 46-5-2 et seq.
LAW REVIEWS. --For article advocating consolidation of the Georgia law of theft prior to enactment of the Criminal Code of 1968, see 12 Mercer L. Rev. 308 (1961). For article advocating consolidated theft statute in Georgia, see 23 Ga. B.J. 461 (1961). For annual survey article on local government law, see 50 Mercer L. Rev. 263 (1998).
JUDICIAL DECISIONS
TITLE OF STOLEN ARTICLE. --One charged with theft will not be heard to raise nice and delicate questions as to the title of the article stolen. Cline v. State, 153 Ga. App. 576, 266 S.E.2d 266 (1980).
RESEARCH REFERENCES
ALR. --Admissibility of evidence that one charged with burglary, larceny, or robbery was in possession of property not identified as part of that stolen, 3 ALR 1213.
Larceny or embezzlement by appropriating money or proceeds of paper mistakenly delivered in excess of the amount due or intended, 14 ALR 894.
Larceny: effect of participation by spouse of owner in, or consent to, taking of property, 14 ALR 1271.
Conviction or acquittal of larceny as bar to prosecution for burglary, 19 ALR 626.
Pendency in one county of charge of larceny as bar to subsequent charge in another county of offense which involves both felonious breaking and felonious taking of same property, 19 ALR 636.
What amounts to asportation which will support charge of larceny, 19 ALR 724; 144 ALR 1383.
Appropriation of property after obtaining possession by fraud as larceny, 26 ALR 381.
Larceny by finder of property, 36 ALR 372.
Criminal liability of corporation for larceny, 59 ALR 379.
Acceptance of defendant's note or other contractual obligation as affecting charge of embezzlement or larceny, 70 ALR 208.
Misappropriation of executor, administrator, guardian, or trustee as embezzlement, 75 ALR 299.
Appropriation or removal without payment of property delivered in expectation of immediate cash payment, as criminal offense, 83 ALR 441.
Necessity of alleging and proving in prosecution for larceny, embezzlement, or receiving stolen property that "owner" of property, if not a natural person, was incorporated or otherwise a legal entity capable of owning property, 88 ALR 485.
Larceny as affected by distinction between custody and possession, 125 ALR 367.
Stolen money or property as subject of larceny or robbery, 80 ALR2d 1435.
Larceny: entrapment or consent, 10 ALR3d 1121.
Series of takings over a period of time as involving single or separate larcenies, 53 ALR3d 398.
What constitutes "money" within coverage or exclusion of theft or other crime policy, 68 ALR3d 1179.
Larceny as within disorderly conduct statute or ordinance, 71 ALR3d 1156.
What conduct amounts to an overt act or acts done toward commission of larceny so as to sustain charge of attempt to commit larceny, 76 ALR3d 842.
Antagonistic defenses as ground for separate trials of codefendants in criminal case, 82 ALR3d 245.
Applicability of best evidence rule to proof of ownership of allegedly stolen personal property in prosecution for theft, 94 ALR3d 824.
What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 ALR3d 280.
Coercion, compulsion, or duress as defense to charge of robbery, larceny, or related crime, 1 ALR4th 481.
Bank officer's or employee's misapplication of funds as state criminal offense, 34 ALR4th 547.
Criminal liability for theft of, interference with, or unauthorized use of, computer programs, files, or systems, 51 ALR4th 971.
Cat as subject of larceny, 55 ALR4th 1080.
Offense of obtaining telephone services by unauthorized use of another's telephone number--state cases, 61 ALR4th 1197.
What constitutes theft within automobile theft insurance policy -- modern cases, 67 ALR4th 82.
LAW REVIEWS. --For article advocating consolidation of the Georgia law of theft prior to enactment of the Criminal Code of 1968, see 12 Mercer L. Rev. 308 (1961). For article advocating consolidated theft statute in Georgia, see 23 Ga. B.J. 461 (1961). For annual survey article on local government law, see 50 Mercer L. Rev. 263 (1998).
JUDICIAL DECISIONS
TITLE OF STOLEN ARTICLE. --One charged with theft will not be heard to raise nice and delicate questions as to the title of the article stolen. Cline v. State, 153 Ga. App. 576, 266 S.E.2d 266 (1980).
RESEARCH REFERENCES
ALR. --Admissibility of evidence that one charged with burglary, larceny, or robbery was in possession of property not identified as part of that stolen, 3 ALR 1213.
Larceny or embezzlement by appropriating money or proceeds of paper mistakenly delivered in excess of the amount due or intended, 14 ALR 894.
Larceny: effect of participation by spouse of owner in, or consent to, taking of property, 14 ALR 1271.
Conviction or acquittal of larceny as bar to prosecution for burglary, 19 ALR 626.
Pendency in one county of charge of larceny as bar to subsequent charge in another county of offense which involves both felonious breaking and felonious taking of same property, 19 ALR 636.
What amounts to asportation which will support charge of larceny, 19 ALR 724; 144 ALR 1383.
Appropriation of property after obtaining possession by fraud as larceny, 26 ALR 381.
Larceny by finder of property, 36 ALR 372.
Criminal liability of corporation for larceny, 59 ALR 379.
Acceptance of defendant's note or other contractual obligation as affecting charge of embezzlement or larceny, 70 ALR 208.
Misappropriation of executor, administrator, guardian, or trustee as embezzlement, 75 ALR 299.
Appropriation or removal without payment of property delivered in expectation of immediate cash payment, as criminal offense, 83 ALR 441.
Necessity of alleging and proving in prosecution for larceny, embezzlement, or receiving stolen property that "owner" of property, if not a natural person, was incorporated or otherwise a legal entity capable of owning property, 88 ALR 485.
Larceny as affected by distinction between custody and possession, 125 ALR 367.
Stolen money or property as subject of larceny or robbery, 80 ALR2d 1435.
Larceny: entrapment or consent, 10 ALR3d 1121.
Series of takings over a period of time as involving single or separate larcenies, 53 ALR3d 398.
What constitutes "money" within coverage or exclusion of theft or other crime policy, 68 ALR3d 1179.
Larceny as within disorderly conduct statute or ordinance, 71 ALR3d 1156.
What conduct amounts to an overt act or acts done toward commission of larceny so as to sustain charge of attempt to commit larceny, 76 ALR3d 842.
Antagonistic defenses as ground for separate trials of codefendants in criminal case, 82 ALR3d 245.
Applicability of best evidence rule to proof of ownership of allegedly stolen personal property in prosecution for theft, 94 ALR3d 824.
What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 ALR3d 280.
Coercion, compulsion, or duress as defense to charge of robbery, larceny, or related crime, 1 ALR4th 481.
Bank officer's or employee's misapplication of funds as state criminal offense, 34 ALR4th 547.
Criminal liability for theft of, interference with, or unauthorized use of, computer programs, files, or systems, 51 ALR4th 971.
Cat as subject of larceny, 55 ALR4th 1080.
Offense of obtaining telephone services by unauthorized use of another's telephone number--state cases, 61 ALR4th 1197.
What constitutes theft within automobile theft insurance policy -- modern cases, 67 ALR4th 82.