Minor v. State

Court of Appeals of Georgia

Minor v. State

179 S.E. 850, 51 Ga. App. 204, 1935 Ga. App. LEXIS 628

CourtCourt of Appeals of Georgia

DecidedApril 30, 1935

Docket24718

StatusPublished

Cited by1 cases

This text of 179 S.E. 850 (Minor 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.

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Minor v. State, 179 S.E. 850, 51 Ga. App. 204, 1935 Ga. App. LEXIS 628 (Ga. Ct. App. 1935).

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Opinion

Broyles, C. J.

1. “The corpus delicti of a larceny may be proved by circumstantial evidence.” Ray v. State, 4 Ga. App. 67 (2) (60 S. E. 816). In the instant case the corpus delicti of the larceny charged was sufficiently proved by the evidence adduced.

2. “Whether an explanation which the accused makes of his possession of property recently stolen is consistent with his innocence is exclusively a question of fact for determination by the jury, and this court has no right to interfere with that determination, unless it is wholly unsupported by the evidence, or by any reasonable theory deducible therefrom.” Jordan v. State, 9 Ga. App. 578 (3) (71 S. E. 875); Jester v. State, 23 Ga. App. 132 (97 S. E. 563); Chafin v. State, 42 Ga. App. 289 (155 S. E. 777). Under the facts of the instant case, the jury were authorized to determine that the explanation of the defendant and his witnesses as to how he came into possession of the recently stolen property was unsatisfactory to them. The cases cited in the brief of counsel for the plaintiff in error are differentiated by their particular facts from this case.

3. The evidence, direct and circumstantial, was sufficient for the jury to find that it excluded every reasonable hypothesis save that of the defendant’s guilt.

4. The refusal to grant a new trial was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. E. M. Price, for plaintiff in error. P. B. Lewis, solicitor, contra.

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Broyles, C. J.

1. “The corpus delicti of a larceny may be proved by circumstantial evidence.” Ray v. State, 4 Ga. App. 67 (2) (60 S. E. 816). In the instant case the corpus delicti of the larceny charged was sufficiently proved by the evidence adduced.

2. “Whether an explanation which the accused makes of his possession of property recently stolen is consistent with his innocence is exclusively a question of fact for determination by the jury, and this court has no right to interfere with that determination, unless it is wholly unsupported by the evidence, or by any reasonable theory deducible therefrom.” Jordan v. State, 9 Ga. App. 578 (3) (71 S. E. 875); Jester v. State, 23 Ga. App. 132 (97 S. E. 563); Chafin v. State, 42 Ga. App. 289 (155 S. E. 777). Under the facts of the instant case, the jury were authorized to determine that the explanation of the defendant and his witnesses as to how he came into possession of the recently stolen property was unsatisfactory to them. The cases cited in the brief of counsel for the plaintiff in error are differentiated by their particular facts from this case.

3. The evidence, direct and circumstantial, was sufficient for the jury to find that it excluded every reasonable hypothesis save that of the defendant’s guilt.

4. The refusal to grant a new trial was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. E. M. Price, for plaintiff in error. P. B. Lewis, solicitor, contra.

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179 S.E. 850, 51 Ga. App. 204, 1935 Ga. App. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-state-gactapp-1935.

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