Fortson v. State

1. The pressure in the instant case is not whether the crime was committed, but whether the defendant was the person who committed it, for the defendant’s guilt of simple larceny is wholly dependent upon the inference arising from the recent possession of a part of the property stolen. The judge fully and fairly charged the law of reasonable doubt, and among other things told the jury not to convict if, after considering the evidence and the defendant’s statement, their minds were wavering, unsettled, or not satisfied. He instructed them that they had the right to believe the defendant’s…