1 Ga. App. 158 | Ga. Ct. App. | 1907
Gordon Wright was tried, on an accusation in the city court of Wrightsville, for the offense of receiving stolen goods. He was convicted by the jury, and the case comes to this court on the single assignment of error in overruling his motion for new trial. In addition to the general grounds, the motion was amended, and complaint was made of the admission of certain evidence which it was insisted was immaterial, irrelevant, and inadmissible. The accusation, so far as is material to this investigation, was in these words: “Bor that the said Gordon Wright, in the county and State aforesaid, on the first day of October, 1905, did then and there unlawfully, and with force and arms, did buy and receive certain goods and - chattels, to wit, 800 pounds of seed-cotton that had been stolen from H. Y. and G. A. Tarbutton, knowing the same to have been so stolen, said seed-no tton being the property jointly of H. Y. and G. A. Tarbutton, and of the value of $25, said seed-cotton having been stolen from the said H. Y. and G. A. Tarbutton by some one unknown to prosecutor; and the said Gordon Wright bought and received the same, knowing the same to have been so stolen.” The evidence for the State showed that between 800 and 1200 pounds of seed-cotton was stolen from H. Y. and G. A. Tarbutton some time during the night of, October 1, 1905. The cotton was piled up in their field, and as soon as it was missed it was discovered that some one or , more persons had carried it from the pile to a wagon in the public road near by. The tracks of the persons were plain in the field and the recent rain made it possible to track a wagon from this newly made path in the field to the home of the defendant. Arriving at his home, the searching party could track the wagon no further, nor did they find any wagon there, but they asked the •defendánt if he had any cotton on hand. He replied in the .affirmative, and that it was in one of the rooms of his house. He .at first objected to showing the cotton, hut afterwards consented, though he seemed to be much excited. He said that he would have to get the key from his wife, and when he went and got it .and unlocked the room door he 'appeared to be scared. There was •cotton in the room in sacks which were damp. There had been a shower of rain in the early night. The cotton was yellow, like that raised on Tarbutton’s place. The defendant was not cultivating red land; he cultivated sandy land in 1905. H.-Y. and
was his own. There was no proof of the value of the cotton.
Judgment reversed.