47 Ga. App. 792 | Ga. Ct. App. | 1933
M. L. Morris was convicted of the larceny of an automobile. The exception here is to the judgment overruling the defendant’s motion for a new trial.
The evidence shows that the stolen car was in the possession of the defendant nine days after the theft; that on the day it was recovered he was driving the car, and had another man in the car with him; and that on the approach of the officers they fled, and wrecked the automobile with nine gallons of liquor in it. The witnesses for the State testified that the defendant confessed and gave the details of how he and the other man in the car had “ spotted” the automobile and stolen it.
In his statement to the jury the defendant did not deny having confessed, but, with reference to the confession, said: “I did talk to the officers, but don’t recollect now what I told them.” The defendant presented an alibi, his cousin and aunt and a negro who worked for them testifying that he was at home at the time the car was stolen. The jury determined the issue of fact as to the alibi against the defendant. This they were authorized to do. Wiley v. State, 44 Ga. App. 635, 636 (153 S. E. 630). We hold that the evidence authorized the verdict, and that the trial judge did not err in overruling the general grounds of the motion for a new trial.
The amendment to the motion for a new trial contains but one ground, wherein it is averred that the court erred in charging the jury as follows: “Where the larceny of- an automobile has been proven, and where one. is found in possession of the same recently after the theft, so as to require explanation of his possession, and he fails to give-satisfactory explanation of how he came into possession of the stolen property, such recent possession, if not explained to your satisfaction, would be a circumstance from which you would be authorized tb convict him, unless he makes an explanation of his possession consistent with his innocence; and, as I have said, such recent possession raises a presumption of guilt. Of course, the sufficiency of those facts to authorize a conviction are questions for the jury.” That part of the charge which says, “and, as I have said, such recent possession raises a presumption of guilt,” is on the borderland of being erroneous. “It is unfortunate that there
We think the correct rule in cases like the one under consideration is: Where stolen goods are found in the possession of the defendant charged with larceny, recently after the commission of the offense, that fact would authorize the jury to infer that the accused was guilty, unless he explained his possession to their satisfaction. See Griffin v. State, supra.
This is not a close ease under the evidence, and even if the charge had been erroneous, “the evidence being beyond all question sufficient, and the verdict being indubitably correct,” the judgment is affirmed. Hill v. State, supra.
Judgment affirmed.