Legal Opinion

Myerholtz v. State

Court of Appeals of Georgia

Decided March 9, 1964No. 40591PublishedCited by 6 opinions

1Opinion of the Court

Hall, Judge.

1. Circumstantial evidence, when as a whole it is sufficient to exclude every other reasonable hypothesis save the guilt of the accused, will authorize a conviction of burglary. Summerlin v. State, 109 Ga. App. 91 (135 SE2d 594). Where a burglary has been committed and soon thereafter goods from the burglarized premises are found in the possession of one who is unable to account for their possession, it raises a presumption of his guilt, and a verdict of guilty is authorized. Lundy v. State, 71 Ga. 360.

2. The defendant in this case was tried separately from other co-indictees.…

2Cases cited2 opinions

  1. Lundy v. StateSupreme Court of Georgia · 1883
  2. Summerlin v. StateCourt of Appeals of Georgia · 1964

3Cited by6 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 1974
  2. Bryan v. StateCourt of Appeals of Georgia · 1976
  3. Floyd v. StateCourt of Appeals of Georgia · 1976
  4. Brown v. StateCourt of Appeals of Georgia · 1972
  5. Harvey v. StateCourt of Appeals of Georgia · 1965

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