Locke v. State
Locke v. State
Opinion of the Court
Defendant was indicted for the offense of theft by receiving stolen property, the same being a Great Dane 42 foot flatbed trailer, the property of another, loaded with a certain design of roofing shingles the property of a transportation company, as bailee, said property having been stolen from the bailee and the defendant should have known said property was stolen, “said property not having been received and retained... with the intent to restore the same to its owner.” The defendant was convicted and sentenced to serve a term of 10 years. We note, however, that the trial court, upon defendant’s motion for a reduction of sentence, later modified and amended the sentence and authorized probation (two years probated after the service of eight years). Defendant’s motion for new trial was
The sole enumeration of error here is that the trial court erred in admitting into evidence over objections evidence of a totally independent theft of aluminum siding allegedly occurring several weeks before the incident here. Both of these incidents arise out of the thefts of loads of building materials. The trailer and the roofing shingles were found in the constructive possession of defendant. The jury simply did not believe defendant’s account as to how the shingles were delivered to him by another. The trial court, in admitting the evidence of the theft of the aluminum siding, instructed the jury, “that insofar as the testimony relating to the siding is concerned, that this is being admitted only for the purpose of illustrating, if it does, intent, guilty knowledge, motive, method or scheme of operation and it is not to be considered by you for any other purpose.”
In the argument the defendant contends that with reference to the stolen load of aluminum siding which was allowed in evidence for the purpose of showing the modus operandi of the defendant in regards to receiving stolen property, the presentation of this evidence resulted in a trial by ambush. However, that is not the basis for the enumeration of error. It was not shown that the defendant had been charged with or tried for receiving the stolen aluminum siding, and the contention of the defendant is that the state failed to prove absolutely essential evidence establishing the identity of the aluminum as ever having been in the defendant’s possession. The theft of a load of aluminum siding was proven, the delivery of certain aluminum siding into the constructive possession of the defendant, its later delivery to two separate farm locations in north Georgia and testimony by the driver that the aluminum siding located in north Georgia “looks like the aluminum siding I had on my trailer,” he being in the process of delivering the aluminum siding from where it was produced in an Eastman, Georgia facility to North Carolina and the testimony of an official of the manufacturer that the aluminum siding found at the location in north Georgia is produced only in the Eastman, Georgia facility. Defendant contends that the evidence simply does not show that the aluminum siding allegedly stolen was in fact the same aluminum siding previously in the possession of the defendant and further that the state failed to produce evidence that defendant knew or should have known that the aluminum siding in his possession was stolen.
The general rule is that evidence which in any manner shows or tends to show that the defendant has committed another crime wholly independent from that for which he is on trial, even though it be a crime of the same sort, is irrelevant and inadmissible. However, there are several exceptions to this rule and among them is the
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.