From Casetext: Smarter Legal Research

Wright v. State

Court of Appeals of Georgia
Jan 15, 1970
172 S.E.2d 457 (Ga. Ct. App. 1970)

Opinion

44662.

ARGUED SEPTEMBER 8, 1969.

DECIDED JANUARY 15, 1970.

Larceny. DeKalb Superior Court. Before Judge Hubert.

Hatcher, Meyerson, Oxford Irvin, Paul E. Pressley, for appellant.

Richard Bell, District Attorney, for appellee.


Where the offense charged is larceny of a pistol, and the guilt of the accused is wholly dependent on an inference arising from his possession of the property recently stolen, and the testimony of the accused explaining his possession is entirely consistent with his innocence and in no way inconsistent with the perpetration of the offense by someone else, including numerous persons who had access to the key to the locked cabinet in which the pistol was stored, but not including the accused, as shown by his testimony and corroborated by a witness for the State, and no basis whatsoever appears to enable a jury to discredit the accused's testimony, the inference, in view of the explanation, is insufficient as a matter of law to support the conviction. Accordingly, the trial judge erred in overruling the general grounds of the motion for a new trial. Code § 38-109, 38-110; Jackson v. State, 33 Ga. App. 700 ( 127 S.E. 622); Willis v. State, 33 Ga. App. 352 ( 126 S.E. 303); Denson v. State, 26 Ga. App. 427 ( 106 S.E. 732); Slaughter v. State, 24 Ga. App. 428 ( 100 S.E. 774); Gibbs v. State, 8 Ga. App. 107 ( 68 S.E. 742); Hampton v. State, 6 Ga. App. 778 ( 65 S.E. 816); Peeples v. State, 5 Ga. App. 706 ( 63 S.E. 719); Williams v. State, 125 Ga. 268 ( 54 S.E. 166).

Judgment reversed. Hall and Whitman, JJ., concur.

ARGUED SEPTEMBER 8, 1969 — DECIDED JANUARY 15, 1970.


Summaries of

Wright v. State

Court of Appeals of Georgia
Jan 15, 1970
172 S.E.2d 457 (Ga. Ct. App. 1970)
Case details for

Wright v. State

Case Details

Full title:WRIGHT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 15, 1970

Citations

172 S.E.2d 457 (Ga. Ct. App. 1970)
172 S.E.2d 457

Citing Cases

Mooney v. State

The defendant's explanation of the fingerprint is at least as reasonable as that of the State. Where the…

Griffin v. Georgia Power Company

Conversely, the state's evidence, standing alone, may be sufficient to establish a prima facie case yet be…