Court of Appeals of Georgia December 8, 1908, 1459 (Morris v. State)

Hill, C. J.

Where one was on trial for the offense of- larceny, and the only evidence relied upon by the State was the inference of guilt which arose from the possession of the recently stolen property, and the defendant met this inference with an explanation of that possession, which, if true, was' consistent with his innocence, it was the duty of the court, without a request, to submit to the