Georgia Court of Appeals, 1926

Gay v. State

Gay v. State
Georgia Court of Appeals · Decided March 2, 1926 · Bloodworih, Broyles, Luke
35 Ga. App. 165; 132 S.E. 261; 1926 Ga. App. LEXIS 598

Gay v. State

Opinion of the Court

Luke, J.

The defendants in this case were indicted for the offense of larceny. The State’s case depended for a conviction *166■upon proof of recent possession of the articles stolen by the defendants. The court failed to submit to the jury the question •whether the explanation offered by the defendants of their possession of the goods was reasonable and satisfactory. Error is assigned by the defendants upon the court’s failure so to charge. Under the rulings of this court and of the Supreme Court a reversal, of the judgment overruling the motion for a new trial necessarily follows.

Judgment reversed.

Broyles, C. J., and Bloodworih, J., concur.

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