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HIGGINBOTHAM v. THE STATE.
46590.
EBERHARDT, Judge.
Receiving stolen goods. Gwinnett Superior Court. Before Judge Pittard.
This is an appeal from a judgment of conviction and sentence for theft by receiving stolen goods. Held:
1. The evidence was sufficient to sustain the conviction, and the general grounds of the motion for new trial are without merit.
2. It was not error to refuse to allow appellant's counsel to read to the jury portions of Shropshire v. State, 81 Ga. 589, 592 (8 SE 450) concerning the character of one accused of robbery. At no time during the trial was appellant's character placed in issue, and the portion of the case sought to be read from was not germane to the issues being tried. See Glover v. State, 15 Ga. App. 44, 52 (82 SE 602).
App. 844, 845 (101 SE2d 885), and Clarke v. State, 103 Ga. App. 739 (3) (120 SE2d 673), and overruling conflicting cases, this court is now committed to the rule that unexplained possession of recently stolen goods can be used in conjunction with other evidence to infer guilty knowledge, but standing alone it will not support the inference or authorize a conviction. See the discussion of these cases in 22 Mercer L. Rev. 481. In the instant case there was other evidence which, if believed by the jury, would have authorized the jury to infer guilty knowledge. However, such a finding was not demanded, and since the evidence did not demand a guilty verdict, the error in the charge cannot be said to be harmless. Moyers v. State, 58 Ga. App. 237, 239 (198 SE 283).
Reid Merritt, District Attorney, Gary L. Davis, for appellee.
Glyndon C. Pruitt, for appellant.
SUBMITTED SEPTEMBER 20, 1971 -- DECIDED SEPTEMBER 29, 1971.
Friday May 22 15:53 EDT


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