Turner v. State

Court of Appeals of Georgia

Turner v. State

151 S.E. 120, 40 Ga. App. 662, 1929 Ga. App. LEXIS 696

CourtCourt of Appeals of Georgia

DecidedDecember 10, 1929

Docket20121

StatusPublished

Cited by3 cases

This text of 151 S.E. 120 (Turner 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

Turner v. State, 151 S.E. 120, 40 Ga. App. 662, 1929 Ga. App. LEXIS 696 (Ga. Ct. App. 1929).

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Opinion

Broyles, C. J.

1. “In a prosecution for burglary or for larceny from the house, or both, where the only evidence tending to connect the accused with the alleged offense is his unsatisfactorily explained possession of the recently stolen goods, the judge’s failure to give in charge to the jury, either with or without request, the provisions of section 1010 of the Penal Code (1910) as to the weight of circumstantial evidence, is error requiring the grant of a new trial, even though such evidence, together with proof of the corpus delicti, wall sustain a conviction if based on proper instructions.” Walker v. State, 31 Ga. App. 519 (121 S. E. 130).

2. Under the above-stated ruling and the facts of the instant case, the court erred in failing to charge the law of circumstantial evidence, and thereafter in refusing to grant a new trial.

Judgment reversed.

Luke and Bloodworih, JJ., concur.

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Broyles, C. J.

1. “In a prosecution for burglary or for larceny from the house, or both, where the only evidence tending to connect the accused with the alleged offense is his unsatisfactorily explained possession of the recently stolen goods, the judge’s failure to give in charge to the jury, either with or without request, the provisions of section 1010 of the Penal Code (1910) as to the weight of circumstantial evidence, is error requiring the grant of a new trial, even though such evidence, together with proof of the corpus delicti, wall sustain a conviction if based on proper instructions.” Walker v. State, 31 Ga. App. 519 (121 S. E. 130).

2. Under the above-stated ruling and the facts of the instant case, the court erred in failing to charge the law of circumstantial evidence, and thereafter in refusing to grant a new trial.

Judgment reversed.

Luke and Bloodworih, JJ., concur.

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Bluebook (online)

151 S.E. 120, 40 Ga. App. 662, 1929 Ga. App. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-state-gactapp-1929.

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