Norton v. State

Carley, Judge.

Appellant was tried before a jury and convicted of theft by taking. Appellant’s motion for new trial was denied and he appeals.

1. Appellant enumerates as error the trial court’s charge on the presumption that arises from “recent, unexplained possession of stolen property.” In Williamson v. State, 248 Ga. 47, 57, fn. 9 (281 SE2d 512) (1981), the Supreme Court approved a charge for cases wherein the presumption is the sole evidence that the defendant was the perpetrator of the crime. That charge is applicable in theft by taking cases. Chaney v. State, 169 Ga. App. 616, 617, fn. 1…