Gillis v. State, 315 Ga. App. 803

Gillis was convicted by Emanuel County jury of theft by receiving stolen property; motion for new trial denied.
Dunlap forged a check to Bellamy Motorsports to purchase a four-wheeler and used fraudulent Airport Authority paperwork.
Dunlap sold the four-wheeler to Gillis behind a motel for cash and drugs; Gillis completed the purchase and received the vehicle paperwork.
Gillis later sold the four-wheeler to another party out-of-state; Dunlap was prosecuted for forgery and theft-related conduct.
Gillis did not testify; defense suggested Dunlap’s con artistry; Gillis presented witnesses claiming innocence in other purchases.
On appeal, Gillis challenged the sufficiency of the evidence regarding knowledge that the vehicle was stolen; conviction affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence shows Gillis knew the vehicle was stolen	Gillis argues insufficient knowledge; asserts lack of direct proof of theft knowledge.	Gillis contends he was an innocent buyer duped by Dunlap.	Yes; circumstantial evidence supports knowledge of theft.

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational trier of fact could find element beyond reasonable doubt)
Brown v. State, 265 Ga. App. 613 (Ga. App. 2004) (knowledge of theft may be inferred from circumstances)
Williams v. State, 246 Ga. App. 347 (Ga. App. 2000) (knowledge of stolen goods deduced from defendant's conduct)
Barfield v. State, 149 Ga. App. 166 (Ga. App. 1979) (evidence of questionable origin supports notice of theft)
Lackey v. State, 286 Ga. 163 (Ga. 2009) (whether defendant acted with scienter is for the jury)
Allison v. State, 299 Ga. App. 542 (Ga. App. 2009) (sciento may be proven circumstantially)