TOLVER v. STATE

No. A01A1476.

554 S.E.2d 271 (2001)

251 Ga. App. 297

TOLVER v. The STATE.

Court of Appeals of Georgia.

August 20, 2001.


Attorney(s) appearing for the Case

Peter D. Johnson, Augusta, for appellant.

Daniel J. Craig, Dist. Atty., Charles R. Sheppard, Asst. Dist. Atty., for appellee.


JOHNSON, Presiding Judge.

James Tolver was convicted of burglary, theft by taking, and entering an automobile. On appeal, he claims the trial court committed reversible error in charging the jury that it was "not bound to believe testimony as to facts incredible, impossible or inherently improbable." We agree with Tolver and reverse his convictions.

Viewed in a light most favorable to the verdict, the evidence shows that at about 2:00 a.m. police received...

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