Mills was convicted of theft by receiving stolen property. The evidence showed that Mills was a passenger in a vehicle, which was parked, in the early morning hours of October 1, 1977, in a parking lot. The vehicle was not owned by Mills. Investigating police requested Mills to get out of the vehicle, and, after a minor altercation, he did so. During the altercation, Mills made a "reaching" gesture, in the direction of which police subsequently discovered a stolen pistol wedged between the passenger seat and the console of the vehicle. The butt of this weapon was visible from the passenger seat. Mills disclaimed all knowledge of the pistol; the arresting officers testified that at no time did Mills touch the weapon. No fingerprints were obtained from the weapon.
Frank C. Mills, III, District Attorney, Rafe Banks, III, Assistant District Attorney, for appellee.