HOWINGTON v. STATE

40936.

110 Ga. App. 452 (1964)

138 S.E.2d 677

HOWINGTON v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied October 9, 1964.


Attorney(s) appearing for the Case

E. C. Stark, Marshall L. Allison, for plaintiff in error.

Clete D. Johnson, Solicitor General, William Hall, contra.


HALL, Judge.

1. This evidence does not present a case in which the defendant's guilt was wholly dependent upon the inference arising from the defendant's possession of the stolen property shortly after the larceny, and the possession, as a matter of law, was explained by unimpeached, uncontradicted and undiscredited testimony, and there was no circumstance to supply a reason why the jury did not believe the explanation of possession offered by the defendant. The conflict...

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