Williams v. State
Supreme Court of Georgia
Indictment for burglary. Before Judge Martin. Irwin superior court. February 5, 1906. Bully Williams and Janies Holloman were jointly indicted for burglary. Williams was tried separately, and convicted. He moved for a new trial upon the ground, among others, that the verdict was without evidence to support it. The motion was overruled, and he excepted.
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Indictment for burglary. Before Judge Martin. Irwin superior court. February 5, 1906. Bully Williams and Janies Holloman were jointly indicted for burglary. Williams was tried separately, and convicted. He moved for a new trial upon the ground, among others, that the verdict was without evidence to support it. The motion was overruled, and he excepted. The burglary was committed in Fitzgerald on May 14, and about two weeks later the goods were found in the possession of L. J. Joel, at Brunswick. Joel was not introduced as a witness, but it appears from the evidence that the goods were shipped…
1Opinion of the CourtAtkinson, J.
The principle upon which the State rests its contention for a conviction is well founded in law, but the facts will not justify a conviction in this case. The defendant’s possession of the goods is fully accounted for by the evidence. His only connection with them is by receipt from the railroad for L. J. Joel, upon consignment by Holloman. In explaining his possession the defendant is not obliged to show that he acquired the goods honestly. It is sufficient that he show that they came into his custody in any other way than by burglary. King v. State, 99 Ga. 688; Falvey v. State, 85 Ga. 157.…
2Cases cited3 opinions
- Falvey v. StateSupreme Court of Georgia · 1890
- Grantham v. StateSupreme Court of Georgia · 1895
- King v. StateSupreme Court of Georgia · 1896
3Cited by11 opinions
- Wiley v. StateCourt of Appeals of Georgia · 1907
- Evans v. StateCourt of Appeals of Georgia · 1921
- Slaughter v. StateCourt of Appeals of Georgia · 1919
- Goodbread v. StateCourt of Appeals of Georgia · 1922
- Cox v. StateCourt of Appeals of Georgia · 1964
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