Preston v. State

BEAUCHAMP, Judge.

Appellant was convicted of the theft of a radio and assessed a fine of $250.00 and ten days in jail.

The evidence in this case is insufficient to sustain a conviction. Reliance is had solely upon possession of the property and this possession was first proven to be fifteen months after the property had been stolen. In explanation he claims to have purchased the radio from a “tree army man.” There is no evidence in the case to support the circumstance of possession. From Branch’s Ann; P. C., Section 2463 we quote with approval the following:

“To raise a presumption of guilt from…