Atkinson v. State

Court of Appeals of Georgia

Atkinson v. State

102 S.E. 878, 25 Ga. App. 176, 1920 Ga. App. LEXIS 672

Court of Appeals of Georgia·Decided April 13, 1920·No. 11221·Published·Cited by 3 cases

Opinion

Broyles, C. J.

The defendant was convicted, under section 22 of the act of 1917 (Ga. Laws, Ex. Sess. 1917, p. 18), of knowingly permitting apparatus for the manufacturing or distilling of intoxicating liquors to be located on his premises. There was no evidence that authorized a finding that the land upon which the apparatus was discovered was owned, controlled, or possessed by the defendant. His conviction, therefore, was contrary to law and the evidence, and the court erred in overruling his motion for a new trial. See Alexander v. State, ante, 175.

Judgment reversed.

Luke and, Bloodworth, JJ., concur.

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Broyles, C. J.

The defendant was convicted, under section 22 of the act of 1917 (Ga. Laws, Ex. Sess. 1917, p. 18), of knowingly permitting apparatus for the manufacturing or distilling of intoxicating liquors to be located on his premises. There was no evidence that authorized a finding that the land upon which the apparatus was discovered was owned, controlled, or possessed by the defendant. His conviction, therefore, was contrary to law and the evidence, and the court erred in overruling his motion for a new trial. See Alexander v. State, ante, 175.

Judgment reversed.

Luke and, Bloodworth, JJ., concur.

Atkinson v. State, 102 S.E. 878, 25 Ga. App. 176, 1920 Ga. App. LEXIS 672 (Ga. Ct. App. 1920).

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