G. A. K. v. State
G. A. K. v. State
Opinion of the Court
G.A.K. appeals an adjudication of delinquency for petit theft. We hold that the evidence was insufficient to support the adjudication. After reviewing the record, we find it apparent that the state based its case upon the principle that one unexplain-ably in possession of recently stolen property may be successfully prosecuted for larceny. However, the state failed to show G.A.K. possessed the subject property. At the time the property was discovered, G.A.K. was restrained at the juvenile detention center as a runaway. Detective Kelly, suspecting that G.A.K. was involved in the larceny, went to the center and asked to see all items taken from appellant. Kelly found the stolen property inside a paper bag with G.A.K.’s name on it. This is the extent of the evidence showing possession. No intake officer testified. Additionally, the case for reversal becomes most compel
Case-law data current through December 31, 2025. Source: CourtListener bulk data.