Caldwell v. State
Caldwell v. State
Opinion of the Court
It is contended by the plaintiff in error, under the general grounds of his motion for new trial, that the State failed to prove the allegation of the indictment that the saws were taken from “the storage house of Jesse Brock.” Brock’s testimony was that the saws were kept locked in his tool shed just south of his house, in the county of venue. There was no evidence that the tool shed was owned or used by another, as in Evans v. State, 60 Ga. App. 597 (4 S. E. 2d 502), cited by the plaintiff in error. The testimony was sufficient to show that the lawful possession of both the property and the tool house were in the person named as owner.
The plaintiff in error further contends under the general grounds of his motion for new trial that the conviction is unauthorized for the reason that the defendant’s possession of the recently stolen property is equally consistent with his innocence as with his guilt. The defendant’s contention on the trial of the case was that he went with another person at his request to help him sell saws which he believed belonged to- such other person.
Accordingly, the trial court did not err in denying the motion for new trial.
Judgment affirmed.
Reference
- Full Case Name
- CALDWELL v. State
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- 2 cases
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- Published