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72 Ga. App. 788

35 S.E.2d 144

Prather v. State

Court of Appeals of Georgia

Decided September 8, 1945

Court of Appeals of Georgia · decided 1945-09-08

Relies on 47 Ga. App. 138 - Richardson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1945-09-08

How this case has been cited

Cited by 15 later decisions — most recently March 2008

15 state decisions

701945195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Broyles, C. J.

¶1 The defendant was convicted of the offense of stealing an automobile, his motion for a new trial was denied, and that judgment is assigned as error.

¶2 1. The undisputed evidence showed that the defendant was found in the possession of the stolen car a day or two after its theft, and that he made an incriminatory statement in which he admitted “getting the car.” The evidence as a whole amply authorized the verdict.

¶3 2. The evidence connecting the defendant with the offense charged not being wholly circumstantial, the court did not err in failing to charge the law of circumstantial evidence, in the absence of a request to so charge.

¶4 3. The evidence not showing that a plenary confession was made by the defendant, but showing only an incriminatory admission, the court did not err in failing to charge the law of confessions. Richardson v. State, 47 Ga. App. 138 (169 S. E. 770).

¶5 4. This court can not consider the question of venue in this case, since that question was not specifically raised by any ground of the motion for new trial. Code, § 6-1609.

¶6 Judgment affirmed.

MacIntyre and Gardner, JJ., concur. *789 J. L. Davis, for plaintiff in error. Henderson Lanham, solicitor-general, Chastine Parker, contra.
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