DAVIS v. STATE

59806.

154 Ga. App. 599 (1980)

269 S.E.2d 494

DAVIS v. THE STATE.

Court of Appeals of Georgia.

Decided May 12, 1980.


Attorney(s) appearing for the Case

Victor Hawk, for appellant.

Richard E. Allen, District Attorney, William H. Lumpkin, Assistant District Attorney, for appellee.


BANKE, Judge.

The defendant was convicted of theft by receiving stolen property solely upon evidence which showed his arrest while driving an automobile recently stolen from a used car lot. The state's theory of prosecution relied upon defendant's "recent possession" of the stolen property, and the trial court charged that such evidence "would be a circumstance along with other evidence in the case from which the jury may infer guilt." Held:

"Proof...

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