8 Ga. App. 95 | Ga. Ct. App. | 1910
The defendant was indicted for breaking into and entering a railroad-car in the custody of the Southern Bailway Company. Hé was arrested late at night on the streets of Atlanta by a policeman, who found him in possession of seven pairs of shoes, which were later identified as having come from a box of shoes which had been loaded into a car upon the tracks of the railroad company. The defendant, upon being arrested, stated that he was carrying the shoes as directed by a hackman, to a house near by, but disclaimed any knowledge of where or how they were obtained. Both drivers of the hack in question were introduced by the State, and denied having given the shoes to the defendant. Testimony was introduced showing that shoes similar to those found in the possession of the accused were loaded into the car in question, and another witness testified that he sealed the carl No testimony, however, was introduced tending to show where the ear was at the time of the breaking — whether it was broken into on the track where it was loaded, which was shown to have been in Fulton county, or whether the breaking was done at some other place. Inasmuch as the proof of the corpus delicti is not clear and the venue not satisfactorily established, we deem it unnecessary