Legal Opinion

Walker v. State

Court of Appeals of Georgia

Decided January 15, 1924No. 15075PublishedCited by 2 opinions

1Opinion of the CourtLuke, J.

In a prosecution for burglary or for larceny from the house, or both, where the only evidence tending to connect the accused with the alleged offense is his unsatisfactorily explained possession of the recently stolen goods, the judge’s failure to give in charge to the jury, either with or without request, the provisions of section 1010 of the Renal Code (1910) as to the weight of circumstantial evidence, is error *520requiring the grant of a new trial, even though such evidence, together with proof of the corpus delicti, will sustain a conviction if based on proper instructions. Kinard v. State,…

2Cases cited2 opinions

  1. Harris v. StateCourt of Appeals of Georgia · 1916
  2. Kinard v. StateCourt of Appeals of Georgia · 1917

3Cited by2 opinions

  1. Turner v. StateCourt of Appeals of Georgia · 1929
  2. Guest v. StateCourt of Appeals of Georgia · 1929

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