Williams v. State
25 Ga. App. 380 | Ga. Ct. App. | 1920
1. The court did not err in overruling the demurrer to the indictment.
2. Upon the hearing of the defendant’s motion for a continuance, based upon the absence of a material witness, the movant did not state that he expected to have the testimony of the witness at the next term of the court. It was therefore not error to overrule the motion.
3. The charge upon the subject of recent possession of stolen property was confusing to the jury, in that it tended to mislead them into thinking, that the defendant had the burden of showing that he had never been in the recent possession of the stolen property. As it was a very close case upon its facts, this error requires another trial.
Judgment reversed.