5734 | Ga. Ct. App. | Sep 23, 1914
1. When this case was here before (Belmas v. State, 12 Ga. App. 363, 77 S.E. 188" court="Ga. Ct. App." date_filed="1913-02-18" href="https://app.midpage.ai/document/belmas-v-state-5606246?utm_source=webapp" opinion_id="5606246">77 S. E. 188), this court held that the evidence was insufficient to authorize the conviction of the accused; for the reason that there was evidence that the accused had other corn besides that which he had raised as a cropper of the prosecutor, and because there was no evidence tending to' show that the corn sold by the defendant was the missing corn alleged to have been stolen. The evidence in that case was not sufficient to rebut the presumption of innocence and remove all reasonable doubt as to the defendant’s guilt. On the next trial, however, in addition to the proof submitted on the former trial, the prosecution introduced testimony of two witnesses to the effect that the corn which the defendant sold came from the crib where the prosecutor’s corn was kept, and that the defendant did not have any corn except what he had been given permission to grind into meal; and it appears that the evidence, though weak, is sufficient to authorize the conviction of the accused.
2. In the motion for a new trial exception is taken to the following charge of the court: “It is contended by the State that certain corn, the property of the prosecutor, Mr. Hicks, was put in one of his cribs on his plantation, and the defendant was given access thereto for a certain purpose,—that is, to get meal, to use the corn for the purpose of getting meal for his use and his family’s use. The State contends that the accused, without authority, took this corn and carried it away and sold it with the intent to steal the same; and I charge you that if you believe the defendant, under these circumstances, took any of this corn and used it for any other
Judgment affirmed.