Rogers v. State

Court of Appeals of Georgia

Rogers v. State

289 S.E.2d 29, 161 Ga. App. 601, 1982 Ga. App. LEXIS 1954

CourtCourt of Appeals of Georgia

DecidedMarch 11, 1982

Docket63526

StatusPublished

This text of 289 S.E.2d 29 (Rogers 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

Rogers v. State, 289 S.E.2d 29, 161 Ga. App. 601, 1982 Ga. App. LEXIS 1954 (Ga. Ct. App. 1982).

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Opinion

McMurray, Presiding Judge.

Defendant was indicted in two separate indictments, tried and convicted of the offenses of burglary. He appeals as to the sufficiency of the evidence to convict which is based on recent, unexplained possession of stolen property. Held:

The case sub judice is controlled adversely to the defendant by Williamson v. State, 248 Ga. 47, 48-58 (281 SE2d 512), affd. s.c., 156 Ga. App. 615 (1) (275 SE2d 699), both cases citing Humes v. State, 143 [602]*602Ga. App. 229, 230 (237 SE2d 704). But the circumstances and direct evidence connecting the defendant to two separate burglaries committed in the same manner and scheme here are even stronger than the above cases and amply sufficient to convict. After a careful review of the entire record and transcript we find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of guilt beyond a reasonable doubt of each of the offenses of burglary.

Decided March 11, 1982. Archibald A. Farrar, Jr., for appellant. David L. Lomenick, Jr., District Attorney, Ralph Van Pelt, Jr., Assistant District Attorney, for appellee.

Judgment affirmed.

Banke and Birdsong, JJ., concur.

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McMurray, Presiding Judge.

Defendant was indicted in two separate indictments, tried and convicted of the offenses of burglary. He appeals as to the sufficiency of the evidence to convict which is based on recent, unexplained possession of stolen property. Held:

The case sub judice is controlled adversely to the defendant by Williamson v. State, 248 Ga. 47, 48-58 (281 SE2d 512), affd. s.c., 156 Ga. App. 615 (1) (275 SE2d 699), both cases citing Humes v. State, 143 [602]*602Ga. App. 229, 230 (237 SE2d 704). But the circumstances and direct evidence connecting the defendant to two separate burglaries committed in the same manner and scheme here are even stronger than the above cases and amply sufficient to convict. After a careful review of the entire record and transcript we find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of guilt beyond a reasonable doubt of each of the offenses of burglary.

Decided March 11, 1982. Archibald A. Farrar, Jr., for appellant. David L. Lomenick, Jr., District Attorney, Ralph Van Pelt, Jr., Assistant District Attorney, for appellee.

Judgment affirmed.

Banke and Birdsong, JJ., concur.

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289 S.E.2d 29, 161 Ga. App. 601, 1982 Ga. App. LEXIS 1954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-state-gactapp-1982.

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