55 Ga. App. 865 | Ga. Ct. App. | 1937
The defendant was convicted of the theft of a certain hog, the property of J. B. Bushing. His motion for new
Mrs. Thad Lanier testified for the State, as follows: "I saw Emmett Tootle in Jesup with my sister, and we all went to my sister’s later and ate supper. Me and my husband then went home, and the next morning we brought grandpapa home and stayed there with him until next morning, Monday morning. My husband carried two hogs back to Jesup with him next morning. . . I heard grandfather tell Thad that he had some hogs he wanted to sell if Thad would take them off for him.” Claude Harrelson testified for the State as follows: "I have been in jail recently. I know Thad Lanier, he was in jail at the same time I was. Mr. Emmett Tootle came to see Thad while he was in jail, and I heard Mr. Tootle tell Thad Lanier if he would give him time and put off his preliminary hearing until he could go get
We see no reason for holding that the evidence does not support the verdict. The testimony of Thad Lanier, codefendant and accomplice of the defendant, that he and the defendant made an agreement to steal hogs and sell them and split the proceeds fifty-fifty, and that he got the hog in question from the defendant and sold it to Mr. Foy Lervis, is corroborated by testimony which, independently of the testimony of the accomplice, connects defendant with the theft of the hog described in the indictment. Mrs. Lanier testified that when she and her husband left the home of the defendant, about the time the hog was stolen, her husband took two hogs with him and sold one of them to Foy Lewis. Mr. Lewis testified that he purchased the hog from Lanier, along with another, about that time. It further appeared that the defendant and Bushing lived in the same section of the county, that their hogs used the same range, and that the defendant was entirely familiar with this territory and the stock and the marks of their owners, and that Lanier did not live in that section and was not familiar with the range or the stock. Then there is the further testimony of Lanier, corroborated by Harrelson, that the defendant visited Lanier in jail and offered him fifty dollars to take all the blame for the theft of the hog, which the jury was authorized to take, and apparently did take, as an implied admis
Judgment affirmed.