Legal Opinion

Morris v. State

Court of Appeals of Georgia

Decided December 8, 1908No. 1459PublishedCited by 6 opinions

Accusation of larceny, from Chattooga superior court — Judge Wright. October 17, 1908.

1Opinion of the CourtHill, C. J.

Where one was on trial for the offense of- larceny, and the only evidence relied upon by the State was the inference of guilt which arose from the possession of the recently stolen property, and the defendant met this inference with an explanation of that possession, which, if true, was' consistent with his innocence, it was the duty of the court, without a request, to submit to the jury the question whether that explanation was reasonable and satisfactory; and an entire failure to charge as to the evidentiary value of the possession when weighed in connection with the explanation is cause…

2Cases cited3 opinions

  1. Tarver v. StateSupreme Court of Georgia · 1894
  2. Evans & Pennington v. NailCourt of Appeals of Georgia · 1907
  3. Paulk v. StateCourt of Appeals of Georgia · 1907

3Cited by6 opinions

  1. Crumady v. StateSupreme Court of Georgia · 1929
  2. Toney v. StateCourt of Appeals of Georgia · 1943
  3. Mayfield v. StateCourt of Appeals of Georgia · 1915
  4. Shivers v. StateCourt of Appeals of Georgia · 1935
  5. Floyd v. StateCourt of Appeals of Georgia · 1936

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