121 Ga. 337 | Ga. | 1904
The accused was convicted upon an accusation charging him with simple larceny. He excepts to the overruling of his motion for a new trial, which was upon the general grounds
The evidence to which objection was made on the trial in the lower court and the admission of which is assigned as error in the motion for a new trial, was that which showed the possession by the wife of the accused of a $100 bill shortly after the transaction under investigation and her having the bill changed at the bank. Owing to the very close relationship of husband and wife, we think this evidence was admissible solely as a circumstance to be considered by the jury along with all the other facts and circumstances in the case, as throwing light on the transaction under investigation. We do not hesitate to say that such evidence would not Justify a charge upon the subject of recent possession ■of stolen goods; but it was admissible as a circumstance to be weighed by the jury for what it was worth.
We do not overlook the contention of counsel for the accused that the State failed to carry the burden of proving that the money was taken animo furandi, and that the evidence shows that the appropriation, if any, was made subsequently to the reception -of the money by the accused. In view of the fact that the State showed that when the accused was arrested he asserted that he looked at the money when it was handed to him and that it was a ten-dollar bill, the jury were authorized to find that the money was taken by him with knowledge that it was a larger amount than he was entitled to receive. This contention is therefore without merit. Judgment affirmed.