Sudan v. State

Counsel contends, first, that there was no proof that the missing money belonged to Emory Smith, as alleged. By referring to the evidence we find no merit in this contention. Second, that it does not appear the defendant had any knowledge .that the money Frances Hunton handed to the defendant was stolen from Emory Smith. The judge who tried the case without the intervention of a jury was authorized to find, from the evidence as set forth hereinbefore, that the passing of the money from Frances Hunton to Sudan was part of the res gestae of the transaction, and thus the defendant was guilty as…