Mills v. State

Court of Appeals of Georgia

Mills v. State

247 S.E.2d 592, 146 Ga. App. 780, 1978 Ga. App. LEXIS 2527

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1978

Docket56157

StatusPublished

Cited by1 cases

This text of 247 S.E.2d 592 (Mills 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

Mills v. State, 247 S.E.2d 592, 146 Ga. App. 780, 1978 Ga. App. LEXIS 2527 (Ga. Ct. App. 1978).

Pincite

Opinion

Birdsong, Judge.

Mills was convicted of theft by receiving stolen property. The evidence showed that Mills was a passenger in a vehicle, which was parked, in the early morning hours of October 1,1977, in a parking lot. The vehicle was not owned by Mills. Investigating police requested Mills to get out of the vehicle, and, after a minor altercation, he did so. During the altercation, Mills made a "reaching” gesture, in the direction of which police subsequently discovered a stolen pistol wedged between the passenger seat and the console of the vehicle. The butt of this weapon was visible from the passenger seat. Mills disclaimed all knowledge of the pistol; the arresting officers testified that at no time did Mills touch the weapon. No fingerprints were obtained from the weapon.

Though such evidence arguably is sufficient to support a possession charge, this evidence was insufficient to authorize a conviction of theft by receiving stolen property with its element of knowing the property to be stolen. Williamson v. State, 134 Ga. App. 329 (214 SE2d 415). See Davis v. State, 146 Ga. App. 629; Donaldson v. State, 134 Ga. App. 755 (216 SE2d 645); B. N. M. v. State of Ga., 131 Ga. App. 353 (206 SE2d 112); [781]*781Browner v. State, 127 Ga. App. 189 (193 SE2d 58). The trial court erred in failing to direct a verdict of acquittal for the appellant.

Submitted June 26, 1978 Decided July 14, 1978. Thompson, Fox & Brinson, David A. Fox, for appellant. Frank C. Mills, III, District Attorney, Rafe Banks, III, Assistant District Attorney, for appellee.

Judgment reversed.

Bell, C. J., and Shulman, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Birdsong, Judge.

Mills was convicted of theft by receiving stolen property. The evidence showed that Mills was a passenger in a vehicle, which was parked, in the early morning hours of October 1,1977, in a parking lot. The vehicle was not owned by Mills. Investigating police requested Mills to get out of the vehicle, and, after a minor altercation, he did so. During the altercation, Mills made a "reaching” gesture, in the direction of which police subsequently discovered a stolen pistol wedged between the passenger seat and the console of the vehicle. The butt of this weapon was visible from the passenger seat. Mills disclaimed all knowledge of the pistol; the arresting officers testified that at no time did Mills touch the weapon. No fingerprints were obtained from the weapon.

Though such evidence arguably is sufficient to support a possession charge, this evidence was insufficient to authorize a conviction of theft by receiving stolen property with its element of knowing the property to be stolen. Williamson v. State, 134 Ga. App. 329 (214 SE2d 415). See Davis v. State, 146 Ga. App. 629; Donaldson v. State, 134 Ga. App. 755 (216 SE2d 645); B. N. M. v. State of Ga., 131 Ga. App. 353 (206 SE2d 112); [781]*781Browner v. State, 127 Ga. App. 189 (193 SE2d 58). The trial court erred in failing to direct a verdict of acquittal for the appellant.

Submitted June 26, 1978 Decided July 14, 1978. Thompson, Fox & Brinson, David A. Fox, for appellant. Frank C. Mills, III, District Attorney, Rafe Banks, III, Assistant District Attorney, for appellee.

Judgment reversed.

Bell, C. J., and Shulman, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

247 S.E.2d 592, 146 Ga. App. 780, 1978 Ga. App. LEXIS 2527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-state-gactapp-1978.

Opinion

Related

Cite This Page — Counsel Stack