Johnson v. State

Court of Appeals of Georgia

Johnson v. State

96 S.E. 1045, 22 Ga. App. 639, 1918 Ga. App. LEXIS 649

CourtCourt of Appeals of Georgia

DecidedOctober 10, 1918

Docket9873

StatusPublished

Cited by3 cases

This text of 96 S.E. 1045 (Johnson 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

Johnson v. State, 96 S.E. 1045, 22 Ga. App. 639, 1918 Ga. App. LEXIS 649 (Ga. Ct. App. 1918).

Pincite

Opinion

Broyles, P. J.

The defendant was on trial for burglary, and the fact,, relied upon by the State for his conviction, was that he was found in recent possession of articles stolen from the burglarized premises at the time of the burglary. In view of this fact, and of the further fact that the evidence did not demand the defendant’s conviction, the majority of this court hold that it was reversible error for the court to instruct the jury, in substance, that th.e accused must satisfy the jury that he came into possession of the stolen articles honestly. Falvey v. State, 85 Ga. 157 (11 S. E. 607); Cornwall v. State, 91 Ga. 277 (7), 283 (18 S. E. 154). The Writer, while agreeing that this instruction was inaccurate, .does not think that it requires a new trial when it is considered in the light of the charge as a whole.

Judgment reversed.

Bloodworth and Harwell, JJ., concur; Broyles, P. J., dissents.

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Broyles, P. J.

The defendant was on trial for burglary, and the fact,, relied upon by the State for his conviction, was that he was found in recent possession of articles stolen from the burglarized premises at the time of the burglary. In view of this fact, and of the further fact that the evidence did not demand the defendant’s conviction, the majority of this court hold that it was reversible error for the court to instruct the jury, in substance, that th.e accused must satisfy the jury that he came into possession of the stolen articles honestly. Falvey v. State, 85 Ga. 157 (11 S. E. 607); Cornwall v. State, 91 Ga. 277 (7), 283 (18 S. E. 154). The Writer, while agreeing that this instruction was inaccurate, .does not think that it requires a new trial when it is considered in the light of the charge as a whole.

Judgment reversed.

Bloodworth and Harwell, JJ., concur; Broyles, P. J., dissents.

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Bluebook (online)

96 S.E. 1045, 22 Ga. App. 639, 1918 Ga. App. LEXIS 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-gactapp-1918.

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