Braswell v. State

Court of Appeals of Georgia

Braswell v. State

72 S.E. 445, 9 Ga. App. 879, 1911 Ga. App. LEXIS 400

CourtCourt of Appeals of Georgia

DecidedOctober 23, 1911

Docket3716

StatusPublished

This text of 72 S.E. 445 (Braswell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Braswell v. State, 72 S.E. 445, 9 Ga. App. 879, 1911 Ga. App. LEXIS 400 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

The only question raised in this case is fully controlled by the repeated decisions of this court and of the Supreme Court to the effect that where it is jiroved that money was given to the accused to buy intoxicating liquor, and subsequently he delivered the liquor to the person who gave him the money with which to buy it, a prima facie case of guilt is established, and the burden is cast upon him to prove that he was not the seller, had no interest in the sale, and acted solely as the agent of the purchaser. Holt v. State, 7 Ga. App. 77 (66 S. E. 279); Highsmith v. Waycross, 7 Ga. App. 611 (67 S. E. 677), and cases . there cited. Whether this burden is successfully carried is a question of fact to be determined by the jury. Where more than one transaction is proved by the State, this burden relates to all of them.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, C. J.

The only question raised in this case is fully controlled by the repeated decisions of this court and of the Supreme Court to the effect that where it is jiroved that money was given to the accused to buy intoxicating liquor, and subsequently he delivered the liquor to the person who gave him the money with which to buy it, a prima facie case of guilt is established, and the burden is cast upon him to prove that he was not the seller, had no interest in the sale, and acted solely as the agent of the purchaser. Holt v. State, 7 Ga. App. 77 (66 S. E. 279); Highsmith v. Waycross, 7 Ga. App. 611 (67 S. E. 677), and cases . there cited. Whether this burden is successfully carried is a question of fact to be determined by the jury. Where more than one transaction is proved by the State, this burden relates to all of them.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

72 S.E. 445, 9 Ga. App. 879, 1911 Ga. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braswell-v-state-gactapp-1911.

Opinion

Related

Cite This Page — Counsel Stack