Higginbotham v. State, 184 S.E.2d 231 (Ga. Ct. App. 1971). · Go Syfert
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Higginbotham v. State, 184 S.E.2d 231 (Ga. Ct. App. 1971). Cases Citing This Book View Copy Cite
49 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Jefferson v. State (gactapp, 2005-04-20)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Jefferson v. State
Ga. Ct. App. · 2005 · confidence medium
Miller and Bernes, JJ., concur. 1 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Bankston v. State, 251 Ga. 730 ( 309 SE2d 369 ) (1983). 4 Higginbotham v. State, 124 Ga. App. 489, 490 (3) ( 184 SE2d 231 ) (1971). 5 OCGA§ 16-8-7 (a). 6 Leachman v. State, 132 Ga. App. 423, 425 (2) ( 208 SE2d 196 ) (1974). 7 Weldon v. Barnes, 251 Ga. 689, 691 (3) ( 309 SE2d 137 ) (1983). 8 Robinson v. State, 150 Ga. App. 261, 262 ( 257 SE2d 352 ) (1979). 9 Pless v. State, 247 Ga. App. 786 (1) ( 545 SE2d 340 ) (2001). 10 …
discussed Cited as authority (rule) Storey v. State
Ga. Ct. App. · 1982 · confidence medium
In theft by receiving cases, “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.” Higginbotham v. State, 124 Ga. App. 489, 490 (3) ( 184 SE2d 231 ) (1971); James v. State, 150 Ga. App. 357 (1) ( 258 SE2d 40 ) (1979).
discussed Cited as authority (rule) James v. State
Ga. Ct. App. · 1979 · confidence medium
Code Ann. § 26-1806 (Ga. L. 1968, pp. 1249, 1292; 1969, pp. 857, 859); Higginbotham v. State, 124 Ga. App. 489, 490 ( 184 SE2d 231 ); Homer v. State, 137 Ga. App. 485 ( 224 SE2d 117 ); Haugabrook v. State, 142 Ga. App. 714, 715 ( 236 SE2d 890 ).
discussed Cited as authority (rule) G. W. v. State
Ga. Ct. App. · 1975 · confidence medium
W. v. State, 132 Ga. App. 499 , supra, supports the judgment of the juvenile court that appellants committed the act alleged. "[U]nexplained 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.” Higginbotham v. State, 124 Ga. App. 489, 490 ( 184 SE2d 231 ); Reidling v. State, 127 Ga. App. 93 ( 192 SE2d 531 ); Brown v. State, 133 Ga. App. 56 (5) ( 209 SE2d 721 ).
discussed Cited as authority (rule) G. W. v. State
Ga. Ct. App. · 1975 · confidence medium
W. v. State, 132 Ga. App. 499 , supra, supports the judgment of the juvenile court that appellants committed the act alleged. "[U]nexplained 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.” Higginbotham v. State, 124 Ga. App. 489, 490 ( 184 SE2d 231 ); Reidling v. State, 127 Ga. App. 93 ( 192 SE2d 531 ); Brown v. State, 133 Ga. App. 56 (5) ( 209 SE2d 721 ).
discussed Cited as authority (rule) Leachman v. State
Ga. Ct. App. · 1974 · confidence medium
Counsel for appellants orally argued the rule stated in Higginbotham v. State, 124 Ga. App. 489, 490 ( 184 SE2d 231 ) "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.” That rule was applied to a conviction and sentence for theft by receiving stolen goods.
discussed Cited "see" Dawson v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 (Citation and punctuation omitted.) Millirons v. State, 268 Ga. App. 644, 645 (1) ( 602 SE2d 346 ) (2004). 4 The vehicle had a North Carolina tag. 5 (Citation omitted.) Priester v. State, 249 Ga. App. 594, 598 (5) (a) ( 549 SE2d 429 ) (2001). 6 Compare Higginbotham v. State, 124 Ga. App. 489, 490 (3) ( 184 SE2d 231 ) (1971) (standing alone, “unexplained possession of recently stolen goods . . . will not support the inference [of guilty knowledge] or authorize conviction”) (citation omitted). 7 (Citations and punctua…
discussed Cited "see" Leachman v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See generally Higginbotham v. State, 124 Ga. App. 489 (3) ( 184 SE2d 231 ) (1971); Hilton v. State, 134 Ga. App. 590 (2) ( 215 SE2d 261 ) (1975).” Callahan v. State, 148 Ga. App. 555, 556 (4), 557 ( 251 SE2d 790 ).
discussed Cited "see" Weldon v. Barnes (2×)
Ga. · 1983 · signal: see · confidence high
See Higginbotham v. State, 124 Ga. App. 489 ( 184 SE2d 231 ) (1971).
discussed Cited "see" Callahan v. State (2×)
Ga. Ct. App. · 1978 · signal: see · confidence high
See generally Higginbotham v. State, 124 Ga. App. 489 (3) ( 184 SE2d 231 ) (1971); Hilton v. State, 134 Ga. App. 590 (2) ( 215 SE2d 261 ) (1975). 5.
Higginbotham
v.
the State
46590.
Court of Appeals of Georgia.
Sep 29, 1971.
184 S.E.2d 231
Glyndon C. Pruitt, for appellant., Reid Merritt, District Attorney, Gary L. Davis, for appellee.
Eberhardt, Hall, Whitman.
Cited by 24 opinions  |  Published
Eberhardt, Judge.

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).

3. The court charged the jury that if the appellant did not explain his possession of the stolen property to the reasonable satisfaction of the jury, then the fact that he was found in possession of it recently after the theft could raise an inference of guilt upon which the jury would be authorized to convict. Under the majority decision of this court in Gaskin v. State, 119 Ga. App. 593, 594 (168 SE2d 183), approving the rulings made in Bird v. State, 72 Ga. App. 843 (7) (35 SE2d 483), Austin v. State, 89 Ga. App. 866, 868 (81 SE2d 508), Washington v. State, 96 Ga.[*490] 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).

Submitted September 20, 1971 Decided September 29, 1971. Glyndon C. Pruitt, for appellant. Reid Merritt, District Attorney, Gary L. Davis, for appellee.

Judgment reversed.

Hall, P. J., and Whitman, J., concur.