Peacock v. State, 49190

Decision Date22 April 1974
Docket NumberNo. 1,No. 49190,49190,1
Citation206 S.E.2d 582,131 Ga.App. 651
PartiesDonnie PEACOCK v. The STATE
CourtGeorgia Court of Appeals

Phillip R. West, Eastman, for appellant.

Albert D. Mullis, Dist. Atty., Eastman, for appellee.

Syllabus Opinion by the Court

QUILLIAN, Judge.

The defendant was tried and convicted of theft by taking. An appeal based upon the general grounds was filed and the case is here for review. Held:

Recent possession of stolen goods without a reasonable explanation thereof will authorize a conviction of theft by taking. Voyles v. State, 115 Ga.App. 690, 155 S.E.2d 710. In the case sub judice it was a question for the jury whether the appellant's explanation of his possession of the property was satisfactory. Coley v. State, 41 Ga.App. 620(2), 154 S.E. 203; Chubbs v. State, 204 Ga. 762(1), 51 S.E.2d 851.

Judgment affirmed.

BELL, C.J., and CLARK, J., concur.

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12 cases
  • Rutledge v. State, 53889
    • United States
    • Georgia Court of Appeals
    • May 25, 1977
    ...believe that appellant's explanation of his possession advanced at trial was not a reasonable or satisfactory one. See Peacock v. State, 131 Ga.App. 651, 206 S.E.2d 582." Evans v. State, 138 Ga.App. 460(1), 226 S.E.2d 303-304. Under the totality of circumstances, the enumerations of error o......
  • Williamson v. State, 60278
    • United States
    • Georgia Court of Appeals
    • November 26, 1980
    ...province to believe that appellant's explanation of his possession ... was not a reasonable or satisfactory one. See Peacock v. State, 131 Ga.App. 651, 206 S.E.2d 582.' Evans v. State, 138 Ga.App. 460(1), 226 S.E.2d 303 ... (T)he enumerations of error on the general grounds must fail." Rutl......
  • Burnette v. State, 66307
    • United States
    • Georgia Court of Appeals
    • October 24, 1983
    ...it was a question for the jury whether appellant's explanation of his possession of the property was satisfactory. Peacock v. State, 131 Ga.App. 651, 206 S.E.2d 582 (1974); Allen v. State, 146 Ga.App. 815, 816(1), 247 S.E.2d 540 (1978). Accordingly, this enumeration is without Judgment affi......
  • Evans v. State, 51961
    • United States
    • Georgia Court of Appeals
    • April 23, 1976
    ...believe that appellant's explanation of his possession advanced at trial was not a reasonable or satisfactory one. See Peacock v. State, 131 Ga.App. 651, 206 S.E.2d 582. We conclude that the evidence presented at trial satisfied the circumstantial evidence rule and was sufficient to authori......
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