42 S.E.2d 506 | Ga. Ct. App. | 1947
While it is the rule of this State that when the guilt of the accused depends upon the possession of an article, alleged to have been contained in the house burglarized, it is essential that the identity of the articles found in his possession with the articles which are alleged to have been stolen shall be established beyond a reasonable doubt (Evans v. State,
The evidence against the defendant was purely circumstantial. It appears from the brief of evidence, that on the 26th day of February, 1946, it was discovered that both the storehouse of J. O. Carroll and that of L. E. Stevens had been broken open on the previous night. It appeared from the marks on the doors of the two stores which were burglarized, that some instrument had been used to pry them open. The instrument made marks such as might be made by a large screwdriver or tire tool, or other like instrument. The marks on the two doors were similar. The stores are located across the road from each other, in Draketown. About 8 or 8:30 on the morning of February 26th, the defendant and J. C. Damron were seen at Ben Hill, in Fulton County, in possession of certain goods, identified as coming from the Stevens' store and with cost marks thereon. In the same sacks with these goods, identified as coming from the Stevens' store, there were found Lucky Strike, Camel, and Chesterfield cigarettes, and Bloodhound chewing tobacco, corresponding in quantity, variety and brand, with those missing from the Carroll store, after the burglary. It also appears, from the evidence, that there were three stores in Draketown, property of J. O. Carroll, L. E. Stevens and J. R. Reeves, and that J. R. Reeves is an uncle of the defendant Gober. The Reeves' store was not burglarized. Immediately after these burglaries the defendant left the State of Georgia and was later apprehended by the Georgia authorities in South Carolina and brought back to this State on these charges.