Evans v. State

Birdsong, Judge.

On this appeal, Evans contends that his conviction for burglary violates due process because the evidence presented by the state fails as a matter of law to prove beyond a reasonable doubt each and every fact necessary to constitute the crime of burglary.

1. Appellant argues that a conviction based entirely on the defendant’s unexplained possession of stolen goods provides no assurance that an accused will be convicted only upon proof beyond a reasonable doubt. We held in Selph v. State, 142 Ga. App. 26, 29 (234 SE2d 831), “ [t]o convict a defendant based upon recent possession…