Supreme Court of Georgia, 1977

Haugabrook v. State

Supreme Court of Georgia · Decided April 27, 1977

238 Ga. 722; 235 S.E.2d 385; 1977 Ga. LEXIS 1179

Cases that cite this one

2 later published cases cite this decision.

Foster v. State (Ga. Ct. App. 1982)
Haugabrook v. State (Ga. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per curiam.

We granted certiorari because of the holding by the Court of Appeals in Haugabrook v. State, 141 Ga. App. 511 (1977), that "the law is well established to the effect that one found in possession of recently stolen property has the burden of explaining that possession.” Since we recently considered this issue in Parrish v. Hopper, 238 Ga. 468 (233 SE2d 161) (1977), we vacate the Court of Appeals opinion and remand this case for further consideration in light of Parrish.

Judgment vacated and remanded.

All the Justices concur, except Nichols, C. J., and Undercofler, P. J., who dissent. Bowles, J., not participating.

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