Bryant v. State

Court of Appeals of Georgia

Bryant v. State

62 S.E. 540, 4 Ga. App. 851, 1908 Ga. App. LEXIS 564

CourtCourt of Appeals of Georgia

DecidedOctober 12, 1908

Docket1359

StatusPublished

Cited by1 cases

This text of 62 S.E. 540 (Bryant v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryant v. State, 62 S.E. 540, 4 Ga. App. 851, 1908 Ga. App. LEXIS 564 (Ga. Ct. App. 1908).

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Opinion

Russell, J.

Evidence of the- possession of a • stolen pistol will not, without more, authorize a conviction of larceny, in the absence of any evidence that the defendant was in possession of the pistol shortly after the larceny, and where it appears that the property had passed from hand to hand before it was recovered. Especially is this true where others, who are shown to have been in possession of the stolen property prior to its discovery by the owner, had made false and contradictory statements in regard to the manner in which they procured possession. While the possession of stolen goods is a circumstance from which guilt may be inferred, the presumption is not conclusive, when that possession is not shown to have been recent. Cuthbert v. State, 3 Ga. App. 600 (60 S. E. 322). Judgment reversed.

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Russell, J.

Evidence of the- possession of a • stolen pistol will not, without more, authorize a conviction of larceny, in the absence of any evidence that the defendant was in possession of the pistol shortly after the larceny, and where it appears that the property had passed from hand to hand before it was recovered. Especially is this true where others, who are shown to have been in possession of the stolen property prior to its discovery by the owner, had made false and contradictory statements in regard to the manner in which they procured possession. While the possession of stolen goods is a circumstance from which guilt may be inferred, the presumption is not conclusive, when that possession is not shown to have been recent. Cuthbert v. State, 3 Ga. App. 600 (60 S. E. 322). Judgment reversed.

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Bluebook (online)

62 S.E. 540, 4 Ga. App. 851, 1908 Ga. App. LEXIS 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-state-gactapp-1908.

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