135 Ga. App. 333 | Ga. Ct. App. | 1975
Lead Opinion
1. In the trial for the offense of motor vehicle theft (of a bulldozer), the trial judge erred in admitting in evidence over objection an "agreement” entered into between the
2. The remaining enumerated errors are without merit.
Judgment reversed.
Concurrence Opinion
concurring specially.
I concur in the judgment of reversal, but the majority opinion holds that no error is present except in one instance, to wit: the introduction of an indemnity agreement to pay damages for the stolen vehicle. I agree the foregoing was error, but not the only error in this case.
The first enumeration of error complains because the trial judge charged the jury that the "recent possession of stolen property would raise an inference of guilt of the defendant.” (T. pp. 134,135.) Judge Eberhardt, concurred in by Judges Hall and Whitman, in the case of Higginbotham v. State, 124 Ga. App. 489 (3), 490 (4) (184 SE2d 231), made it very plain that unexplained possession