Daniels v. State

Court of Appeals of Georgia

Daniels v. State

39 S.E.2d 416, 74 Ga. App. 217, 1946 Ga. App. LEXIS 491

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1946

Docket31294.

StatusPublished

This text of 39 S.E.2d 416 (Daniels 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

Daniels v. State, 39 S.E.2d 416, 74 Ga. App. 217, 1946 Ga. App. LEXIS 491 (Ga. Ct. App. 1946).

Pincite

Opinion

Broyles, C. J.

The defendant was convicted of the offense of unlawfully possessing non-tax-paid whisky. The evidence, including a confession of his guilt made by the accused, amply authorized the jury to find that on the date charged in the accusation the defendant was unlawfully in possession of 35 gallons of non-tax-paid whisky, one gallon thereof being under the defendant’s bed in his dwelling house, and the rest of the whisky being in his coal house.

The excerpt from the court’s charge, complained of in a special ground of the motion for a new trial, considered in the light of the entire charge and the facts of the case, shows no cause for a reversal of the judgment. The denial of a new trial was not error.

Judgment affii'med.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The defendant was convicted of the offense of unlawfully possessing non-tax-paid whisky. The evidence, including a confession of his guilt made by the accused, amply authorized the jury to find that on the date charged in the accusation the defendant was unlawfully in possession of 35 gallons of non-tax-paid whisky, one gallon thereof being under the defendant’s bed in his dwelling house, and the rest of the whisky being in his coal house.

The excerpt from the court’s charge, complained of in a special ground of the motion for a new trial, considered in the light of the entire charge and the facts of the case, shows no cause for a reversal of the judgment. The denial of a new trial was not error.

Judgment affii'med.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

39 S.E.2d 416, 74 Ga. App. 217, 1946 Ga. App. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-state-gactapp-1946.