160 Ga. App. 166 | Ga. Ct. App. | 1981
Marvin Ladd appeals from his convictions of burglary and theft by taking following the denial of his motion for a new trial.
1. The evidence was sufficient to support the conviction. The state established a burglary at the Allen residence and a theft by taking at the Dale residence. The items taken were delivered to the home of Millie Patton, the defendant’s sister-in-law, and he received $200 for the property stolen from Allen and a check for $75 for a lawnmower taken from Dale. The jury heard the defendant’s explanation of his possession of the property (a friend was getting a
2. The trial court’s charge as to unexplained recent possession was a correct statement of the law. As stated in Division 1 the jury was not required to believe the defendant’s explanation. “Where, a charge as a whole substantially presents issues in such a way as is not likely to confuse the jury even though a portion of the charge may not be as clear and precise as could be desired, a reviewing court will not disturb a verdict amply authorized by the evidence.” Campbell v. State, 149 Ga. App. 299, 301 (254 SE2d 389) (1979). The charge as a whole places the burden on the state to prove each and every element of the crime alleged in the indictment.
Judgment affirmed.
