Barnwell v. State

Gardner, Presiding Judge.

Counsel for the State cite and rely on Davis v. State, 4 Ga. App. 274 (61 S. E. 132) to sustain the conviction. The headnote of that case states that where a defendant is caught in an apparently guilty situation an unreasonable explanation is worse than no explanation at all. The evidence in the instant case does not occur to us to show an unreasonable explanation. The defendant’s statement that he was looking for a house was corroborated by other witnesses. Hence the case cited immediately hereinabove is not applicable. Code § 26-2002 defines the term “Peeping Tom”…