Hardin v. State, 232 S.E.2d 631 (Ga. Ct. App. 1977). · Go Syfert
Hardin v. State, 232 S.E.2d 631 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
46 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Curtis Jackson v. State (gactapp, 2013-05-02)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) Curtis Jackson v. State
Ga. Ct. App. · 2013 · confidence medium
As correctly conceded by the State in its brief, the separate counts of theft by receiving stolen property may merge as a matter of fact and Jackson cannot be sentenced for two consecutive 10-year terms. “[W]ith respect to receiving or concealing stolen property . . . [if] articles stolen at different times from several persons [are] received and concealed by the same act . . . then there is but one offense.” (Citations and punctuation omitted.) Hardin v. State, 141 Ga. App. 115, 118 (4) ( 232 SE2d 631 ) (1977); see also Westmoreland v. State, 151 Ga. App. 850, 851 ( 261 SE2d 761 ) (1979).
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2013 · confidence medium
As correctly concededby the State in its brief, the separate counts of theft by receiving stolen property may merge as a matter of fact, and Jackson cannot be sentenced for two consecutive ten-year terms. “[W]ith respect to receiving or concealing stolen property ... [if] articles stolen at different times from several persons [are] received and concealed by the same act . . . then there is but one offense.” (Citations and punctuation omitted.) Hardin v. State, 141 Ga. App. 115, 118 (4) ( 232 SE2d 631 ) (1977); see also Westmoreland v. State, 151 Ga. App. 850, 851 (2) ( 261 SE2d 761 ) (197…
discussed Cited as authority (rule) Honea v. State
Ga. Ct. App. · 1999 · confidence medium
In his substantive double jeopardy claim, Honea argued alternatively that the subsequent felony charge for theft by receiving was barred because all the charges at issue for theft by receiving were allegedly committed by the same act and so should have been prosecuted as a single charged offense. “[W]ith respect to receiving or concealing stolen property ... [if] articles stolen at different times from several persons [are] received and concealed by the same act . . . then there is but one offense.” (Punctuation omitted.) Hardin v. State, 141 Ga. App. 115, 117-118 ( 232 SE2d 631 ) (1977); …
discussed Cited as authority (rule) Hubbard v. State (2×)
Ga. Ct. App. · 1996 · confidence medium
The failure to give Hubbard’s jury the unrequested charge did not deprive it of “the proper guidelines for determining guilt or innocence.” Hardin v. State, 141 Ga. App. 115, 116 (2) ( 232 SE2d 631 ) (1977). 2.
discussed Cited as authority (rule) Jefferson v. State
Ga. Ct. App. · 1989 · confidence medium
A review of the record demonstrates that defendant neither requested a charge on self-defense nor objected to the failure to give such a charge. “[T]hough present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in civil cases to preserve an issue on the giving or the failure to give instructions to the jury (Ga. L. 1963, pp. 1072, 1078; Code Ann. § 70-207 [OCGA § 5-5-24]) this does not relieve him from the necessity of requesting instructions except in those circumstances where the omission is clearly harmful and erroneous as a matter of law i…
discussed Cited as authority (rule) Laney v. State
Ga. Ct. App. · 1987 · confidence medium
First, “though present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in civil cases to preserve an issue on the giving or the failure to give instructions to the jury ([OCGA § 5-5-24]) this does not relieve him from the necessity of requesting instructions except in those circumstances where the omission is clearly harmful and erroneous as a matter of law in that it fails to provide the jury with the proper guidelines for determining guilt or innocence. [Cits.]” Hardin v. State, 141 Ga. App. 115, 116-117 ( 232 SE2d 631 ) (1977); see OCGA §…
discussed Cited as authority (rule) Johnson v. State (2×)
Ga. Ct. App. · 1983 · confidence medium
I find no waiver because of the failure to request the charge in writing because “Code Ann. § 70-207 [now OCGA § 5-5-24] does not relieve the criminal defendant of ‘. . . the necessity of requesting instructions except in those circumstances where the omission is clearly harmful and erroneous as a matter of law in that it fails to provide the jury with the proper guidelines for determining guilt or innocence.’ ” Key v. State, 147 Ga. App. 800, 803 (10) ( 250 SE2d 527 ); accord: Hardin v. State, 141 Ga. App. 115, 117 ( 232 SE2d 631 ); Spear v. State, 230 Ga. 74 (1) ( 195 SE2d 397 ); A…
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1981 · confidence medium
Howevér, appellant concedes that the trial court correctly charged the law as to credibility of witnesses, burden of proof, circumstantial and direct evidence, specific intent, and reasonable doubt. “[T] hough present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in civil cases to preserve an issue on the giving or the failure to give instructions to the jury (Ga. L. [1968], pp. 1072,1078; Code Ann. § 70-207) this does not relieve him from the necessity of requesting instructions except in those circumstances where the omission is clearly ha…
cited Cited as authority (rule) Westmoreland v. State
Ga. Ct. App. · 1979 · confidence medium
Therefore, the trial court erred in imposing consecutive sentences. . .” Hardin v. State, 141 Ga. App. 115, 118 ( 232 SE2d 631 ). *852 Argued September 11, 1979 Decided October 19, 1979.
discussed Cited as authority (rule) Ivie v. State
Ga. Ct. App. · 1979 · confidence medium
It is not necessary in considering a charge to assume a possible adverse construction, but a charge that is sufficiently clear to be understood by jurors of ordinary capacity and understanding is all that is required. [Cit.] Furthermore, though present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in civil cases to preserve an issue on the giving or the failure to give instructions to the jury (Ga. L. [1968], pp. 1072, 1078; Code Ann. § 70-207) this does not relieve him from the necessity of requesting instructions except in those circumstances…
discussed Cited as authority (rule) Key v. State
Ga. Ct. App. · 1978 · confidence medium
Finally, Code Ann. § 70-207 does not relieve the criminal defendant of "... the necessity of requesting instructions except in those circumstances where the omission is clearly harmful and erroneous as a matter of law in that it fails to provide the jury with the proper guidelines for determining guilt or innocence. [Cits.]” (Emphasis supplied.) Hardin v. State, 141 Ga. App. 115, 117 ( 232 SE2d 631 ).
discussed Cited as authority (rule) Edwards v. State
Ga. Ct. App. · 1978 · confidence medium
"We have carefully scrutinized the charge of the court on the law in this case and find that in all respects the charge was appropriate to the issues, stated correct principles of law and adequately informed the jury of the legal guidelines necessary to decide the issues before it.” Hardin v. State, 141 Ga. App. 115, 116 ( 232 SE2d 631 ) (1977).
discussed Cited "see, e.g." Phillips v. State (2×)
Ga. Ct. App. · 1985 · signal: compare · confidence medium
Compare Hardin v. State, 141 Ga. App. 115, 116 (2) ( 232 SE2d 631 ) (1977), where the court stated the exception but found that the trial court “adequately informed the jury of the legal guidelines necessary to decide the issues before it.” More recently, the principle was discussed in Brown v. State, 157 Ga. App. 473, 475 ( 278 SE2d 31 ) (1981).
Hardin
v.
the State
53164.
Court of Appeals of Georgia.
Jan 27, 1977.
232 S.E.2d 631
Ben Lancaster, for appellant., Charles Crawford, District Attorney, T. Joseph Campbell, Assistant District Attorney, for appellee.
Marshall, Been, Webb.
Cited by 23 opinions  |  Published
Marshall, Judge.

Appellant Hardin was indicted, tried, and convicted of four separate counts of theft by receiving stolen property. He was sentenced to serve four years on each conviction, to be served consecutively.

The facts reflect that four victims owned Chevrolet automobiles, three of the autos being Corvette models. During the fall of 1973, each victim suffered the loss of his vehicle by theft. Later each victim identified his vehicle as having been stripped of parts and abandoned by the thief near or in a lake in the vicinity of Cartersville. Each[*116] victim also identified parts taken from his vehicle as being among those found in the possession of appellant Hardin or found on Hardin’s automobile. The evidence further indicates that appellant Hardin was found in possession of all the stolen automobile parts at one time as the result of an uncontested search and seizure. Hardin was not otherwise connected to the theft of the automobiles or their parts. Hardin appeals the convictions and sentences and enumerates 13 alleged errors. Held:

1. The first two enumerations of error assert that the evidence was insufficient to sustain the convictions. Though Hardin denied knowing the goods were stolen, he admitted purchasing the parts from two persons, unidentified except for name, and for a fractional part of true value, at 12:30 a.m. Questions of reasonableness are generally to be decided by the jury which heard the evidence and where the jury is authorized to find that the evidence, though circumstantial, was sufficient to exclude every reasonable hypothesis save that of guilt, the appellate court will not disturb the finding unless the verdict of guilty is unsupportable as a matter of law. Though the verdict in this case was not demanded, the jury was authorized under the evidence to find the appellant guilty. Harris v. State, 236 Ga. 242, 245 (223 SE2d 643); Workman v. State, 137 Ga. App. 746 (224 SE2d 757). These enumerations of error are without merit.

2. Enumerations of error numbered 6 through 13 all deal with allegedly erroneous instructions, or the failure in one case to give a particular unrequested instruction. We have carefully scrutinized the charge of the court on the law in this case and find that in all respects the charge was appropriate to the issues, stated correct principles of law and adequately informed the jury of the legal guidelines necessary to decide the issues before it. It is not necessary in considering a charge to assume a possible adverse construction, but a charge that is sufficiently clear to be understood by jurors of ordinary capacity and understanding is all that is required. Merritt v. State, 110 Ga. App. 150, 153 (137 SE2d 917). Furthermore, though present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in civil cases[*117] to preserve an issue on the giving or the failure to give instructions to the jury (Ga. L. 1963, pp. 1072, 1078; Code Ann. § 70-207) this does not relieve him from the necessity of requesting instructions except in those circumstances where the omission is clearly harmful and erroneous as a matter of law in that it fails to provide the jury with the proper guidelines for determining guilt or innocence. Thomas v. State, 234 Ga. 615 (216 SE2d 859). See also Aldridge v. State, 236 Ga. 773, 776 (225 SE2d 421); Sanders v. State, 138 Ga. App. 774, 776 (227 SE2d 504). No such error occurred in this case.

3. The fifth enumeration of error contends that it was error for the jury to impose punishment in this case. This trial was held on May 8,1974. As of that date it was constitutionally permissible for the jury to impose punishment following conviction of a non-capital felony. Ga. L. 1919, p. 387; 1950, pp. 352, 354; 1964, pp. 483, 484 (Code Ann. § 27-2502); Johnson v. State, 169 Ga. 814 (152 SE 76). Though Code Ann. § 27-2502 was changed on March 20,1974, to provide for sentencing in such cases by the trial judge (Ga. L. 1974, p. 352), the effective date of that statute was not until July 1, 1974, a date after the trial of this case. Harris v. State, 234 Ga. 871, 873 (218 SE2d 583). There was no error where the jury imposed a sentence within its power and within the limitations imposed by statute.

4. Enumerations of error 3 and 4 are considered more meritorious. These complain that it was error to render consecutive sentences. Though appellant was indicted on four separate indictments alleging theft by receiving identifiable personal property stolen from four separate victims on four different occasions, the evidence did not indicate that Hardin was privy to the individual larcenies or that he received the property on different occasions. All that the evidence showed was that Hardin was in possession of the property at one time. The only other evidence before the jury was that Hardin obtained all the property at one time.

"While it is true that the stealing from different owners, at different times, however slight the interval, constitutes several offenses, a larceny of several articles may be committed by the same act so as to constitute but[*118] one offense, though they are the property of different owners. . . And so with respect to receiving or concealing stolen property. Many articles stolen at different times from several persons may be received and concealed by the same act, and then there is but one offense.” Smith v. State, 59 Ohio St. 350 (52 NE 826, 827). See Brogdon v. State, 136 Ga. App. 121 (220 SE2d 471); Breland v. State, 135 Ga. App. 478, 479 (218 SE2d 153).

Submitted January 5, 1977 Decided January 27, 1977. Ben Lancaster, for appellant. Charles Crawford, District Attorney, T. Joseph Campbell, Assistant District Attorney, for appellee.

Under the facts of this case, there was but one offense of theft by receiving stolen property made out by the evidence. Therefore, the trial court erred in imposing consecutive sentences based upon the four indictments.

5. The verdict and judgment of guilt of theft by receiving stolen property is affirmed. But that portion of the verdict and judgment imposing sentence is reversed. The case is remanded to the trial court for reconsideration of an appropriate sentence in accordance with the dictates of this opinion.

Judgment affirmed in part; reversed in part.

Been, P. J., and Webb, J., concur.