GA 16-16-2 - GA 16-16-2

JUDICIAL DECISIONS Editor's note. - In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 16-6-2 are included in the annotations for this Code section. Forfeiture order. - Forfeiture of a pickup truck and a trailer used to commit a burglary was upheld as the state's burden of proof was "by a preponderance of the evidence" and not "beyond a reasonable doubt" as alleged by the property owner; furthermore, the state was not required to prove a burglary conviction under O.C.G.A. § 16-7-1 , or that charges were even filed, and whether a burglary took place without the owner's knowledge or consent was a fact question to be resolved by the court, which as the trier of fact, was not obligated to believe a witness even if the testimony was uncontradicte...