97 Ga. App. 503 | Ga. Ct. App. | 1958
1. The allegations of the indictment which charged the defendant and his codefendant with larceny- after
2. The sole special ground of the motion for new trial excepts to the admission in evidence of acts and statements made by the alleged co-conspirator of the defendant while out of his presence over the timely objection that the statements were hearsay and inadmissible to prove a conspiracy. The rule is well established that, “Unless a conspiracy is shown prima facie, evidence of acts or declarations of a codefendant can operate only against the person whose acts or declarations are proveía if he is on trial. If he is not on trial, they are not admissible against the defendant on trial. Wall v. State, 153 Ga. 309 (2) (112 S. E. 142); Johnson v. State, 186 Ga. 324 (2) (197 S. E. 786); Lanier v. State, 187 Ga. 534 (4) (1 S. E. 2d 405).” McCluskey v. State, 212 Ga. 396, 398 (93 S. E. 2d 341). However, the evidence in this case aliunde that objected to shows that the defendant was employed by W. E. Foster and E. A. Foster, doing business as Foster Bros. Super Market in College Park in their meat market, which w^as a part of their grocery store operation, to .order, receive and sell meat; that there was maintained in the rear of the store where the defendant worked a cooler avhere meat ovas kept prior to being placed in the display cases; that the defendant’s only duties in connection with his employment were at the store of Foster Brothers; that he had no connection with any other place of business where fresh meat would be kept, stored or sold; that his codefendant and alleged co-conspirator wras
3. The evidence when viewed in the light most favorable to sustain the verdict (Leach v. State, 82 Ga. App. 520 (d), 61 S. E. 2d 572), showed that the defendant was apprehended in an automobile driven by his codefendant and transporting a quantity of meat which was the property of his employer away from the premises of his employer under circumstances which warranted at least a suspicion that the meat was being stolen, and this evidence when taken with the testimony of Copeland Brothers’ truck driver relating to acts and statements of the codefendant, which was properly admitted, to the effect that he had proposed to the truck driver that he deliver meat sold by the codefendant to Walker’s employers at a place other than the premises of the employers and that the defend
Judgment affirmed.