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BROWN v. THE STATE.
64396.
BIRDSONG, Judge.
Burglary, etc. Calhoun Superior Court. Before Judge Cato.
Anthony L. Brown was convicted of burglary and theft of an automobile. He was sentenced to serve twenty years for the burglary and five years on probation for the auto theft to be consecutive to the burglary sentence. Brown appeals the verdict and sentence on the sole ground that the verdict was not supported by the evidence. Held:
A couple of days after the burglary and the finding of the Capri by the police, Anthony Brown's girlfriend, at his request, called the police and informed them that she was looking for the Capri. Brown had told his girlfriend that he had had a flat tire near Leary and had come the rest of the way in a truck that he had obtained at Leary. The stolen truck was found at the corner of Davis and Tift Streets in Albany. Brown resided on Tift Street in Albany. In a statement to police, Brown denied ever having been in a jewelry store in Arlington or having been a part of the burglary or theft of a pickup truck.
While the verdict of guilty was not demanded, it was not necessary for the state to prove that it was impossible for the offense to have been committed by anyone else, or that it might not, by bare possibility, have been committed by another. Pinson v. State, 235 Ga. 188, 190 (219 SE2d 125). Questions of reasonableness are generally to be decided by a jury and if the jury is authorized by the evidence to find appellant guilty, the appellate court will not disturb the finding, unless the verdict of guilty is unsupported as a matter of law. Harris v. State, 236 Ga. 242, 245 (223 SE2d 643). After a review of the matters presented to the jury and available for their consideration, we find that a reasonable trier of fact could rationally have found from that evidence proof of guilt beyond reasonable doubt. Baldwin v. State, 153 Ga. App. 35, 37 (264 SE2d 528).
Gilbert J. Murrah, District Attorney, Edward C. Parker, Assistant District Attorney, for appellee.
Willis A. Duvall, for appellant.
DECIDED SEPTEMBER 16, 1982.
Thursday May 21 22:13 EDT


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