Russell v. State

George Rose Smith, Justice.

The appellant was charged with theft by receiving, was found guilty, by Special Judge Laster sitting without a jury, and was sentenced to three years’ imprisonment. The one argument for reversal is that the trial judge was in error in taking into account Russell’s failure to testify in reaching the conclusion that Russell was guilty. The Court of Appeals transferred the case to us.

The State key witness was Mark Goodrum, but Judge Laster said when both sides had rested that he was highly suspicious of Goodrum’s testimony. He went on to say: “There is a great deal…