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Stewart v. State

Stewart v. State, 88 S.E. 715 (Ga. Ct. App. 1916)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 21, 1916
Docket
No. 7199
Judges
Wade
Citations
88 S.E. 71517 Ga. App. 8271916 Ga. App. LEXIS 965
Cited by 9
Summary
Accusation of larceny; from city court of Carrollton — Judge Beall. December'14, 1915.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wade

Text extracted by OCR from a scanned original; check the original for exact wording.

Wade, J.

There was ample evidence to establish the fact of the larceny from the house, and direct proof that recently thereafter the stolen goods were found in the possession of the defendant, who made various conflicting statements to explain his possession of the goods. The corpus delicti being clearly proved, the recent possession of stolen property, coupled with a false statement as to the person from whom the defendant obtained it, is sufficient to make out a prima facie case of larceny. Scott v. State, 119 Ga. 425 ( 46 S. E. 637 ); Stafford v. State, 121 Ga. 169 ( 48 S. E. 903 ). Whether a defendant’s explanation of his recent possession of stolen goods is consistent with his innocence and *828 is satisfactory is a matter exclusively for the jury. Bridges v. State, 9 Ga. App. 235 (70 S. E. 968 ); Jordan v. State, 9 Ga. App. 578 (71 S. E. 875 ). The verdict being sufficiently supported by the evidence, and there being no assignment of error except as to the sufficiency of the evidence, the judgment refusing a new trial is Affirmed.

Decided April 21, 1916. Accusation of larceny; from city court of Carrollton — Judge Beall. December'14, 1915. Smith & Smith, for plaintiff in error. O. E. Roop, solicitor, contra.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1935: 11955: 11962: 11963: 21964: 21976: 219352026peak 1963 · 2

Relies on it most ⓘ

  1. Self v. State132 S.E.2d 548 (Ga. Ct. App. 1963)
  2. Ash v. State135 S.E.2d 507 (Ga. Ct. App. 1964)
  3. Royster v. State132 S.E.2d 830 (Ga. Ct. App. 1963)
  4. R. T. M. v. State225 S.E.2d 510 (Ga. Ct. App. 1976)
  5. Howington v. State138 S.E.2d 677 (Ga. Ct. App. 1964)
  6. Owens v. State87 S.E.2d 654 (Ga. Ct. App. 1955)

Most recent

  1. R. T. M. v. State225 S.E.2d 510 (Ga. Ct. App. 1976)
  2. R. T. M. v. State138 Ga. App. 92 (1976)
  3. Howington v. State138 S.E.2d 677 (Ga. Ct. App. 1964)
  4. Ash v. State135 S.E.2d 507 (Ga. Ct. App. 1964)
  5. Royster v. State132 S.E.2d 830 (Ga. Ct. App. 1963)
  6. Self v. State132 S.E.2d 548 (Ga. Ct. App. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Jordan v. State, 71 S.E. 875 (Ga. Ct. App. 1911) 17
Bridges v. State, 70 S.E. 968 (Ga. Ct. App. 1911) 7
Stafford v. State, 48 S.E. 903 (Ga. 1904) 5
Scott v. State, 46 S.E. 637 (Ga. 1904) 4

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