Mitchem v. State, 25341.

• Decision Date: 24 April 1936
• Docket Number: No. 25341.,25341.
• Parties: MITCHEM. v. STATE.
• Court: Georgia Court of Appeals

53 Ga.App. 280

185 S.E. 367

MITCHEM.

v.STATE.

No. 25341.

Court of Appeals of Georgia,

Division No. 1.

April 24, 1936.

Syllabus by Editorial Staff.

Error from Superior Court, Fulton County; G. H. Howard, Judge.

Golden Mitchem was convicted of stealing an automobile and of changing and altering the automobile for the purpose of concealing its identity, and he brings error.

Affirmed.

Statement of Facts by MacIntyre, J.

Testimony for the state in effect shows that six days after the theft of the automobile it was found in an automobile paint shop, where the defendant, Golden Mitchem, had left it to be repainted a different color, and the painting had been partly done when it was found. The car did not actually need repainting. Shortly before, this defendant had left another car in this paint shop which apparently did not need to be repainted and which the de-fendant had left there to be repainted a different color. The motor number on the car stolen in the instant case had been changed and altered. The trunk on the back of the body was gone. The frame had been changed. The defendant had concealed from the officers the identity of the man from whom he claimed he had bought the car, and declared that he did not know who the person was. One police officer testified that the defendant said: "He gave 345 gallons of liquor for this car at Stone Mountain. He didn't give me the name of the man. It was two or three o'clock in the morning. He said three men were in the car and that he did not know either one of these men." The defendant in his statement to the jury said in part: "I didn't deny buying the car and don't deny taking it to the paint shop. 1 didn't steal it. I bought the car on Monday after Easter Sunday, the best I can remember the 22d day of May. I gave 345 gallons of liquor for it. I didn't know it was stolen. * * * I traded with a fellow name Brown and gave him the liquor and loaded it on a pick-up truck I paint a lot of cars. I wanted the color changed. I carried it to the paint shop. * * * At the time I carried another car to Mr. Turner's to be painted, it was practically new. I bought it and had it painted. * * * I didn't give it a thought of being stolen. As far as my pleading guilty. I didn't to stealing an automobile. I said I would plead guilty to whatever I knew and that was buying it and having it painted at the paint shop. * * * I work hard and don't bother anybody and never stole anything in my life. I told them if they would turn the others loose--I was right about that--the other parties didn't know anything about it. * * * I have a letter from Brown, the fellow I bought the car from. I have been selling Brown liquor for six or seven months. After I was caught with the car Brown found it out. This letter was mailed to...