Rogers v. State
Citation | 115 S.E. 668,29 Ga.App. 363 |
Decision Date | 10 January 1923 |
Docket Number | 14024. |
Parties | ROGERS v. STATE. |
Court | Georgia Court of Appeals |
Error from Superior Court, Gordon County; M. C. Tarver, Judge.
J. H. Rogers was convicted of buying and receiving stolen property, and he brings error. Reversed.
A. L. Henson, of Calhoun, for plaintiff in error.
Joe M. Lang, Sol. Gen., of Calhoun, for the State.
There is no evidence in the record to show that any one except H. B. Allen had any interest in the stolen cotton. The allegation of ownership being essential, it must be proved as laid in the indictment. The variance between the allegation and proof is fatal. Horton v. State, 21 Ga.App. 120, 93 S.E. 1012, and cases cited; Eubank v. State, 105 Ga. 612, 31 S.E. 741. In addition, the brief of evidence shows that:
(Italics ours.)
Moreover, the evidence is not sufficient to show beyond a reasonable doubt that at the time of the reception of the goods by the plaintiff in error he knew that they had been stolen. Stripland v. State, 114 Ga. 843, 40 S.E. 993; Sanford v. State, 4 Ga.App. 449, 61 S.E. 741. See also Pat v. State, 116 Ga. 92 (2), 42 S.E. 389.
The court erred in overruling the motion for a new trial.
Judgment reversed.
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