Wilkes v. State

1. In a prosecution for simple larceny the evidence tended to

show that recently after the offense was committed the stolen property was found in the house where the accused lived with others. It was not shown that the accused had exclusive possession, either of the stolen property or of the house where the property was found. It was error, therefore, for the trial judge to charge as follows: “If you find the offense alleged in the indictment was committed by some one, and that after the commission of the offense, or at the time of the commission of the offense, the goods, or some portion of…