Mitchem v. State

Mitchem v. State, 185 S.E. 367 (Ga. Ct. App. 1936)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: April 24, 1936
Docket: No. 25341
Judges: MacIntyre
Citations: 185 S.E. 36753 Ga. App. 2801936 Ga. App. LEXIS 68

Cited by 9

Opinion of the Court — MacIntyre

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MacIntyre, J.

This case does not come under the rule of arbitrarily disregarding the uneontradieted and unimpeached testimony of a witness, as stated in Hampton v. State, 6 Ga. App. 778 ( 65 S. E. 816 ), and *281 Gibbs v. State 8 Ga. App. 107 (2) ( 68 S. E. 742 ), but comes under the general rule that when evidence is contradictory the jury may believe the evidence which they think is most entitled to belief. Ford v. State, 92 Ga. 459, 461 ( 17 S. E. 667 ). The statement of the defendant that he would plead guilty of stealing the car if the officers would turn loose two men whom he claimed had nothing to do with the theft, his contradictory explanations (first stating that he did not know the name of the man from whom he bought the car, and later stating that he bought it from J. C. Brown, a person who was well known to him), and the concealing of the identity of the automobile in many ways, one of which was that the motor number on the car had been changed and altered, were sufficient to authorize the jury to find the defendant guilty on the first count of stealing the automobile, and guilty on the second count of changing and altering the automobile for the purpose of concealing and making its identification more difficult. The defendant’s objection to evidence was not meritorious.

Decided April 24, 1936.

Judgment affirmed.

Broyles, O. J., and Querry, J., concur.

W. Paul Carpenter, Joseph JD. Lewis, for plaintiff in error. John A. Boykin, solicitor-general, John II. Hudson, J. W. Le- Craw, contra.

How later courts describe this case

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

Cited by 9 cases

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State Appellate Courts9

Relies on it most ⓘ

Wachovia Mortgage Co. v. Moore225 S.E.2d 460 (Ga. Ct. App. 1976)
Bentley v. State205 S.E.2d 904 (Ga. Ct. App. 1974)
Stewart v. Staten195 S.E.2d 251 (Ga. Ct. App. 1973)
Young v. State206 S.E.2d 536 (Ga. Ct. App. 1974)
Hancock v. State206 S.E.2d 104 (Ga. Ct. App. 1974)
Fortson v. State25 S.E.2d 820 (Ga. Ct. App. 1943)

Most recent

Wachovia Mortgage Co. v. Moore225 S.E.2d 460 (Ga. Ct. App. 1976)
Young v. State206 S.E.2d 536 (Ga. Ct. App. 1974)
Hancock v. State206 S.E.2d 104 (Ga. Ct. App. 1974)
Bentley v. State205 S.E.2d 904 (Ga. Ct. App. 1974)
Stewart v. Staten195 S.E.2d 251 (Ga. Ct. App. 1973)
Greer v. State147 S.E.2d 877 (Ga. Ct. App. 1966)

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 3

Depth	Case	Cited by
	Gibbs v. State, 68 S.E. 742 (Ga. Ct. App. 1910)	21
	Ford v. State, 17 S.E. 667 (Ga. 1893)	17
	Hampton v. State, 65 S.E. 816 (Ga. Ct. App. 1909)	12

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