McClendon v. State

Deen, Presiding Judge.

1. The evidence shows a burglary of the commercial premises named in the indictment and theft of goods therein. Acting on a tip the police searched an abandoned house and discovered the stolen goods hidden there; the officers set up a "stake out” in the abandoned house. The defendant was soon observed with a flashlight entering the house through the back door at twilight and was surprised by the police as he was bending over the cache of stolen items. The defendant urges that this evidence does not warrant a conviction on the "recent possession of stolen goods” theory…