Duke v. State

Quillian, Presiding Judge.

Defendant appeals his conviction of theft by receiving stolen property, claiming only that the evidence failed to establish theft by receiving, but at most theft by taking, with which he was not charged. Held:

The evidence showed that a tavern had been broken into and cases of beer stolen. Defendant’s automobile was found parked behind the tavern with the stolen beer in it. Defendant had been in the tavern several times earlier in the same evening. A policeman driving to the scene after the .discovery of the crime observed a person closely resembling defendant leave…