6 Ga. App. 491 | Ga. Ct. App. | 1909
Upon his conviction of the offense of burglary the plaintiff in error moved for a new trial; and the writ of error com
There is no merit in the contention of the plaintiff in error that the ownership of the property was not proved. It is true that the prosecutor did not swear in so many words that it was his gun, but he testified that it was in his bedroom, on the rack near the bed, and he testified that he paid $12.50 for it. It was in his possession; and possession, even if in a mere gratuitous bailee, will support an allegation of ownership. Wimbish v. State, 89 Ga. 294 (15 S. E. 325).
Affirmed.