
    2034.
    Hampton v. The State.
    Indictmeift for burglary, from Bibb superior court — Judge Whipple. June 18, 1909.
    Submitted October 4, —
    Decided October 13, 1909.
    
      W. D. •& Custis Nottingham, W. A. McClellan, for plaintiff in error.
    
      Walter J. Grace, solicitor-general, contra.
   Russell, J.

The defendant’s guilt of the crime of burglary being wholly dependent upon the inference arising from the possession of stolen goods after the burglary, and this possession being shown by uncobtradicted and unimpeaehed testimony to be consistent with, defendant’s innocence of burglary, though he may have been guilty of receiving stolen goods, the verdict was contrary to the evidence, and a new trial should have been granted. Judgment reversed.

Powell, J., disqualified.  