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Lawskills.com Georgia Caselaw
CLARK v. THE STATE.
53734.
SMITH, Judge.
Burglary. Cobb Superior Court. Before Judge Hames.
In the Superior Court of Cobb County, Clark was convicted on two counts of burglary. He appeals his conviction on Count 1, which charged him with the March 20, 1975, burglary of Charter Oak Development Company. Because his prosecution on that count was barred by collateral estoppel, we reverse.
The evidence shows that, at about 8:30 p.m. on March 20, 1975, a lone burglar entered Charter Oak Development Company and stole, among other items, a check writing machine. On April 7, 1975, Clark was arrested in Gwinnett County, at which time he had in his possession the check writing machine. In Gwinnett County on May 16, 1975, Clark pled guilty to a charge that on April 7 he possessed the machine, "knowing said property was stolen, said property not having been retained with intent to restore it to the owner." On November 14, 1975, a Cobb County jury returned a guilty verdict against Clark on the charge that he had perpetrated the March 20 burglary of Charter Oak.
The essence of the crime of receiving stolen property is that the defendant, with knowledge of the facts and without intent to return it to the owner, bought or obtained property which had been stolen by some person other than the defendant. Austin v. State, 89 Ga. App. 866 (81 SE2d 508); Wells v. State, 127 Ga. App. 109 (192 SE2d 567). On convicting Clark of the charge that he knowingly received the stolen check writer, the Gwinnett County Superior Court necessarily determined that the Charter Oak burglary had been committed by someone other than Clark. The state is collaterally estopped from prosecuting Clark for the burglary and attempting to relitigate and disprove that determined fact.
Thomas J. Charron, District Attorney, Richard L. Sloss, Assistant District Attorney, for appellee.
Sams & Glover, A. Harris Adams, for appellant.
ARGUED APRIL 4, 1977 -- DECIDED OCTOBER 25, 1977 -- REHEARING DENIED NOVEMBER 18, 1977 -- CERT. APPLIED FOR.
Friday May 22 07:14 EDT


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