125 Ga. 37 | Ga. | 1906
The defendant was convicted of burglary, and excepts to the overruling of his motion for a new trial. The evidence disclosed that the “pressing-club” house of one George Riley was broken into and various articles of apparel were stolen therefrom. The entrance was effected by breaking a pane of glass, making a hole large enough to enable a man to enter. On the night after the commission of the burglary, the defendant was arrested, and at the time had on his person two of the garments which had been taken from the house. He was asked'by the arresting officer where he got these garments, and replied that he purchased them from a boy named Oscar Wyatt, giving at the same time a minute description of the person from whom he claimed to have bought the garments. From this description furnished the officer, he was able to identify Wyatt, who was arrested the next night. The defendant was confronted with Wyatt, and the latter was asked, in the presence of the defendant, why he sold these garments to the defendant. Wyatt said he did not, and thereupon the defendant said: “That is not
It was decided in Mangham v. State, 87 Ga. 549, that “Eeeent possession, not satisfactorily explained, of goods stolen from the house at the time the alleged burglary was committed, may be sufficient as a basis of conviction of burglary, where the burglary has been established and the jury believe from all the evidence beyond
Judgment affirmed.