lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
PHILLIPS v. THE STATE.
40284.
FRANKUM, Judge.
Violation of Motor Vehicle Certificate of Title Act. Lumpkin Superior Court. Before Judge Smith.
2. Special ground 4 assigns error on a portion of the judge's charge because it is contended that it relieved the State of the burden of establishing knowledge on the part of the defendant that the numbers on the automobile had been altered and falsified as charged in the indictment. The record shows that immediately preceding the charge thus complained of the judge instructed the jury as to the four essential elements necessary to be proved in order to authorize the conviction of the defendant. Among these elements stated by the judge was "knowledge that an identification number on the vehicle engine had been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine." It was not incumbent upon the judge to repeat this requirement in connection with the portion of the charge complained of in special ground 4. Southern R. Co. v. Gale, 103 Ga. App 87, 90 (1) (118 SE2d 742); Williams Bros. Grocery Co. v. Blanton, 105 Ga. App. 314, 320 (5) (124 SE2d 479).
3. The evidence showed that the arresting officers drove their automobile into the driveway of the defendant's home; that the defendant and another person, who ran from the scene, were in the carport wherein was located an automobile which had recently been stolen in Atlanta; that the identifying number located on the front doorpost of the automobile had been removed, and the body had been partially disassembled from the frame and jacked up in a manner which would enable the removal of the identifying numbers from the frame. The defendant at that time freely and voluntarily admitted his participation in crime charged. This evidence authorized the conviction.
George G. Finch, for plaintiff in error.
DECIDED OCTOBER 23, 1963.
Friday May 22 22:27 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com