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Lawskills.com Georgia Caselaw
MYERHOLTZ v. THE STATE.
40591.
HALL, Judge.
Burglary. Fayette Superior Court. Before Judge McGehee.
1. Circumstantial evidence, when as a whole it is sufficient to exclude every other reasonable hypothesis save the guilt of the accused, will authorize a conviction of burglary. Summerlin v. State, 109 Ga. App. 91 (135 SE2d 594). Where a burglary has been committed and soon thereafter goods from the burglarized premises are found in the possession of one who is unable to account for their possession, it raises a presumption of his guilt, and a verdict of guilty is authorized. Lundy v. State, 71 Ga. 360.
The trial court did not err in overruling the defendant's motion for new trial on the general grounds.
Andrew J. Whalen, Jr., Solicitor General, contra.
Lester Dickson, for plaintiff in error.
DECIDED MARCH 9, 1964.
Friday May 22 21:47 EDT


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