A jury found the appellant guilty of larceny of an automobile. On appeal, the sole enumeration of er
The State’s evidence shows that a Ford automobile was stolen from the owner’s place of employment shortly before 8:00 a.m. on October 13, 1969; that about 2:30 p.m. on the same date, the Sheriff of Lumpkin County and a GBI agent, in response to a telephone call, found the stolen automobile stripped on an unpaved sawmill road about one mile off State Highway 60 in Lumpkin County; that in close proximity to where the car was found, thе sheriff saw two men jump into the bushes and run; that bloodhounds and their handlers were called and started at the place the men wеre seen; that the dogs tracked the men for some distance to a river, which the men crossed; one of the dog handlers sаw the men across the river, a distance of about 80 feet; hе identified the defendant as one of the men and the one whо fired a pistol two times toward him; that the defendant then took оff his shirt and T-shirt, which were picked up by the dog handler, along with a pair of shoes, when he and the dogs crossed the river; that the dogs continued to follow the trail to a house and then to a trailеr; a witness who lived in the house testified that the defendant Smith camе there about 8:00 p.m. looking for her brother Marvin Brackett; that the defendant at that time was dripping wet, barefooted and wеaring only a pair of blue jeans; that she directed him to her brother’s trailer up the road; a witness, the wife of Marvin Brackett, tеstified that the defendant Smith came to her trailer about 8:10 p.m. looking for her husband; that he was wet and dressed only in slacks or jeans; that her husband was not at home at the time; that she gave the defendant some water and that he sat in her kitchen about 45 minutes, finally leaving from the back door; that he told her he left a pistol outside the trailer; that a pistol was found there by her husband when he came which was turned over to the sheriff. Both men were latеr apprehended and placed in jail. Held:
While the evidenсe connecting the defendant with the theft of the automobile is circumstantial, it is ample to authorize and support the vеrdict of the jury. Though the defendant was not identified as one of the men at the scene where the stolen car
The defendant was identified as one of the persons fleeing, and such flight mаy be considered by the jury together with the other evidence in thе case in determining the guilt or innocence of the acсused. Blakely v. State,
It is not necessary to sustain a verdict of guilty, that the evidenсe exclude every possibility or inference that may be drawn from the facts, but only necessary that reasonable inferences and hypotheses be excluded. Williams v. State,
Judgment affirmed.
