32 S.E.2d 207 | Ga. Ct. App. | 1944
1. Ordinarily hearsay testimony alone is without probative value and this is true whether admitted with or without objection. Eastlick v. Southern Railway Co.,
2. "It is the general rule that `while recent possession of stolen goods unexplained will justify a conviction for larceny, the mere possession of goods several months subsequent to the time they were alleged to have been stolen and a failure to satisfactorily account for such possession will not alone authorize a conviction,' and `in all cases where such *745
possession [of stolen property] is relied on to establish guilt, it must either be shown to have been recent, or else it must be strengthened by other evidence.'" Harper v. State,
3. The State can not impeach its own witness. However, it is permitted to disprove facts testified to by one of its witnesses.
4. Excluding the hearsay testimony, the legal evidence is not sufficient to authorize the verdict of guilty.
Judgment reversed. Broyles, C. J., and Gardner, J., concur. *747