Barlow v. State
Court of Appeals of Georgia
Indictment for burglary; from Washington superior court— Judge Hardeman. November 8, 1915. The trial judge, after charging the jury that the burden was upon the State to prove beyond a reasonable doubt the corpus delicti, “that is, that a crime was committed,” continued as follows: “But where it does appear beyond a reasonable doubt that this house was broken and entered and a larceny was committed, if the State shows that the defendant was thereafter recently found in the…
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Indictment for burglary; from Washington superior court— Judge Hardeman. November 8, 1915. The trial judge, after charging the jury that the burden was upon the State to prove beyond a reasonable doubt the corpus delicti, “that is, that a crime was committed,” continued as follows: “But where it does appear beyond a reasonable doubt that this house was broken and entered and a larceny was committed, if the State shows that the defendant was thereafter recently found in the possession of the property which was stolen, then I charge you that while such possession would not be conclusive…
1Opinion of the CourtWade, J.
1. Where one is charged with burglary, and it is clearly shown that the burglary was committed, that certain personal property was in the house at the time of the burglary, and that it was then stolen from the house, the recent possession of the property so taken, unexplained, may be sufficient to authorize the conclusion that the possessor committed the burglary. See especially Turner v. State, 114 Ga. 45 (39 S. E. 863); and see also Andrews v. State, 116 Ga. 83 (42 S. E. 476); Lester v. State, 106 Ga. 371 (32 S. E. 335); Grimes v. State, 77 Ga. 762 (4 Am. St. R. 112), and numerous cases…
2Cases cited6 opinions
- Jones v. StateSupreme Court of Georgia · 1898
- Lester v. StateSupreme Court of Georgia · 1899
- Turner v. StateSupreme Court of Georgia · 1901
- Grimes v. StateSupreme Court of Georgia · 1886
- Andrews v. StateSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Selph v. StateCourt of Appeals of Georgia · 1977
- Kinard v. StateCourt of Appeals of Georgia · 1917
- Walden v. StateCourt of Appeals of Georgia · 1951
- Anderson v. StateCourt of Appeals of Georgia · 1934
- Timbs v. StateCourt of Appeals of Georgia · 1944
1 more not listed; retrieve them via the Exa API.