Gay v. State

Court of Appeals of Georgia

Gay v. State

132 S.E. 261, 35 Ga. App. 165, 1926 Ga. App. LEXIS 598

CourtCourt of Appeals of Georgia

DecidedMarch 2, 1926

Docket16924

StatusPublished

Cited by2 cases

This text of 132 S.E. 261 (Gay 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

Gay v. State, 132 S.E. 261, 35 Ga. App. 165, 1926 Ga. App. LEXIS 598 (Ga. Ct. App. 1926).

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Opinion

Luke, J.

The defendants in this case were indicted for the offense of larceny. The State’s case depended for a conviction [166]*166■upon proof of recent possession of the articles stolen by the defendants. The court failed to submit to the jury the question •whether the explanation offered by the defendants of their possession of the goods was reasonable and satisfactory. Error is assigned by the defendants upon the court’s failure so to charge. Under the rulings of this court and of the Supreme Court a reversal, of the judgment overruling the motion for a new trial necessarily follows.

Judgment reversed.

Broyles, C. J., and Bloodworih, J., concur.

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Luke, J.

The defendants in this case were indicted for the offense of larceny. The State’s case depended for a conviction [166]*166■upon proof of recent possession of the articles stolen by the defendants. The court failed to submit to the jury the question •whether the explanation offered by the defendants of their possession of the goods was reasonable and satisfactory. Error is assigned by the defendants upon the court’s failure so to charge. Under the rulings of this court and of the Supreme Court a reversal, of the judgment overruling the motion for a new trial necessarily follows.

Judgment reversed.

Broyles, C. J., and Bloodworih, J., concur.

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Bluebook (online)

132 S.E. 261, 35 Ga. App. 165, 1926 Ga. App. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-state-gactapp-1926.

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