Legal Opinion

McGill v. State

Court of Appeals of Georgia

Decided September 5, 1962No. 39604PublishedCited by 10 opinions

1Opinion of the Court

Jordan, Judge.

1. Where the defendant admits buying and receiving goods which are shown by undisputed evidence to have been stolen, the burden is still upon the State to prove beyond a reasonable doubt that the transaction occurred with guilty knowledge on the part of the defendant; for scienter is an essential element of the crime of receiving stolen goods and must be proved to warrant conviction. Sanford v. State, 4 Ga. App. 449 (61 SE 741); Arkwright v. State, 57 Ga. App. 221 (1) (194 SE 876); Chambers v. State, 94 Ga. App. 531 (95 SE2d 326). “Such knowledge need not necessarily be proved…

2Cases cited6 opinions

  1. Cobb v. StateSupreme Court of Georgia · 1886
  2. Arkwright v. StateCourt of Appeals of Georgia · 1938
  3. Sanford v. StateCourt of Appeals of Georgia · 1908
  4. Hardy v. StateCourt of Appeals of Georgia · 1959
  5. Chambers v. StateCourt of Appeals of Georgia · 1956

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 2004
  2. Prather v. StateCourt of Appeals of Georgia · 1967
  3. Johnson v. StateCourt of Appeals of Georgia · 1975
  4. In the Interest of J. L.Court of Appeals of Georgia · 2010
  5. Ellis v. City of FairburnDistrict Court, N.D. Georgia · 1994

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