Mills v. State

Birdsong, Judge.

Mills was convicted of theft by receiving stolen property. The evidence showed that Mills was a passenger in a vehicle, which was parked, in the early morning hours of October 1,1977, in a parking lot. The vehicle was not owned by Mills. Investigating police requested Mills to get out of the vehicle, and, after a minor altercation, he did so. During the altercation, Mills made a "reaching” gesture, in the direction of which police subsequently discovered a stolen pistol wedged between the passenger seat and the console of the vehicle. The butt of this weapon was visible from…