Hurston v. State

I respectfully dissent, for I find the evidence was insufficient to establish the essential element of “receiving” beyond a reasonable doubt.

“A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen. . . . ‘Receiving’ means acquiring possession or control... of the property.” OCGA § 16-8-7 (a). Here, the record is devoid of evidence that appellant exercised or intended to exercise any dominion or control over the car or that he ever acquired possession of it. See Patterson v. State,…