114 Ga. 45 | Ga. | 1901
Levi Turner was charged with the offense of larceny from the house, in stealing from the gin-house of W. H. Griffin and R. E. Griffin two carpenters’ planes. On arraignment he pleaded not guilty, and substantially the following evidence was introduced on behalf of the State: W. H. Griffin testified that his brother and himself, composing the firm of Griffin Brothers, did a ginning as well as a mercantile business at Kingston, Ga. About three months before the trial, which was had on September 10; 1900, witness, in company with another, went to the house of defendant to search for some stolen corn, and while searching his smokehouse witness found the two patent planes, which he identified, upon a shelf therein. One was a small plane and the other a large
A reversal of the judgment is asked, because, it is. insisted, the evidence was not sufficient to support the verdict; and because the court erred in giving, under the facts of this case, the following charge to the jury: “ The State contends that the defendant was found in the recent possession of the property alleged to have been .stolen. Now as to whether this possession of the defendant was recent or not is a question of fact which you are to determine. If
Beversed.