120 Ga. 508 | Ga. | 1904
The case upon its merits was weak and not altogether satisfactory; but the verdict having been approved by the trial judge, we will not disturb the same, unless some material error of law has been made to appear. Error is assigned upon the following charge: “ Where- a burglary has been committed, and money, goods, or other property which was in the house at the time of the burglary is soon thereafter, found in the possession of a person who is unable to account for his possession, it raises a presumption of his guilt, and the jury would be authorized to find a verdict of guilty.” It has been held more than once that it is error to charge fihat the law presumes guilt from the recent possession of stolen goods. Griffin v. State, 86 Ga. 258; Gravitt v. State, 114 Ga. 841. The law raises no presumption; it simply permits the jury to infer guilt from the fact of recent possession, unaccounted for. As was pointed out by Mr. Justice Lewis in Gravitt’s case,
Judgment affirmed,.