Davis v. State

Full title: DAVIS v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 12, 1980

269 S.E.2d 494 (Ga. Ct. App. 1980)

269 S.E.2d 494

Opinion

59806.

SUBMITTED APRIL 16, 1980.

DECIDED MAY 12, 1980.

Theft by receiving. Richmond Superior Court. Before Judge Fleming.

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 of recent possession alone, while sufficient to authorize an inference of guilt as to the principal thief, is not without proof of circumstances from which scienter may be established, sufficient to support a conviction for possession of property knowing it to have been stolen. [Cits.]" Reidling v. State, 127 Ga. App. 93 ( 192 S.E.2d 531) (1972). Also see Williamson v. State, 134 Ga. App. 329 ( 214 S.E.2d 415) (1975).

Judgment reversed. McMurray, P. J., and Smith, J., concur.

BANKE, Judge.

SUBMITTED APRIL 16, 1980 — DECIDED MAY 12, 1980.